HomeMy WebLinkAbout10262023 ZBA Decision (2) 3
�1 RP_2023--4 34692
iQY 11/15/2023 Rf`1 $26.00
tarCity of
West University ZONING BOARD OF ADJUSTMENT
Place CITY OF WEST UNIVERSITY PLACE, TEXAS
FINAL DECISION TO GRANT A REQUEST FOR A VARIANCE
Docket No: 2023-0011
Address of building site/property: 3609 Plumb St, Houston, TX 77005.
Legal description of the Property: EAST %2 OF LOT 2, BLOCK 63, SECOND ADDTION TO WEST
UNIVERSITY PLACE, HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT
RECORDS THEREOF RECORDED IN VOLUME 538, PAGE 147, DEED RECORDS OF HARRIS
COUNTY, TEXAS.
Applicant: Alfredo Tellez 1 Si-t
Decision or Action Requested: The Applicant requests a variance to the City's Zoning Ordinance,
Appendix A of the CITY OF WEST UNIVERSITY PLACE CODE OF ORDINANCES, Article 7,
Section 7-101, Table 7-2, Note 2 to allow a building site with more than 6,000 SF in area to utilize the
narrow site"3/7"Exception.
Notice,Hearing, Findings, Vote:
(X) Notice of the hearing was given by regular mail (to nearby property owners) and by posting on-
site in accordance with Article 11 of the Zoning Ordinance, by the Zoning Officials of the City of
West University Place, Texas.
(X) The Hearing was held on: OCTOBER 26, 2023. All plans, documents, and letters contained in the
City's files and submitted at the hearing regarding this matter are made a part of the record of this
hearing.
(X) The Zoning Board of Adjustment finds that:
1) the Applicant's request for variances is not contrary to the public interest because, among other
things, it provides for adequate air and light; prevents the overcrowding of land and promotes the
general welfare.
2)the Applicant's request for variance is justified by a special condition;
3) the Applicant's request for variance is needed to avoid unnecessary hardship in the use of the
Property by the Applicant; and
4) the Applicant's hardship is not self-imposed, and
5) the Applicant's request for variance is in keeping with the spirit of the Zoning Ordinance.
(X) Additional findings (if any): 1) The existing principal building and accessory structures are
nonconforming structures.under the Zoning Ordinance [setbacks]. 2) The applicant completed the
design of the proposed structures prior to the City's adoption of Ordinance 3051.
1
Decision 'of the Zoning Board of Adjustment approving and granting the request for a variance
(subject to all applicable appeals): After hearing the evidence, presentation and comments of all
concerned, the Board of Adjustment voted to authorize the variance to the City's Zoning Ordinance,
Appendix A of the CITY OF WEST UNIVERSITY PLACE CODE OF ORDINANCES, Article 7,
Section 7-101, Table 7-2, Note 2 to allow a building site with more than 6,000 SF in area to utilize the
narrow site"3/7" Exception.
Conditions of the Variance:
1) The buildings constructed on the site shall have the setbacks of 4 feet on the west side and at least
10 feet on the east side of the property.
2) The Zoning Administrator is directed to file this Final Decision with the Harris County Clerk.
THIS DECISION APPLIES ONLY TO THE SPECIFIC ITEMS DEFINED ABOVE. IT DOES NOT
APPLY TO ANY OTHER ASPECT, USE OR PART OF THE SITE OR STRUCTURE IN QUESTION,
NOR DOES IT APPLY TO ANY OTHER ACTIVITY, SITE OR STRUCTURE. TO OBTAIN A
RULING FOR ANY OTHER ITEM REQUIRES SEPARATE APPLICATION, NOTICE, HEARING,
PROOF AND BOARD FINDINGS.
Effective Date & Administrative Remedies: This decision takes effect on the date it is filed in the
Board's office with the Secretary of the Zoning Board of Adjustment, 3800 University Boulevard,
Houston, Texas 77005. Any appeals of this decision are subject to and governed by applicable ordinances
and laws, including: the Zoning Ordinance and Chapter 211, Tex. Local Government Code. UNDER
CHAPTER 211, PETITIONS FOR JUDICIAL REVIEW MUST BE PRESENTED WITHIN 10
DAYS AFTER THE DATE THIS DECISION IS FILED IN THE BOARD'S OFFICE.
A motion to approve and grant the requested variance and adopt this decision was made by Owen Rutz
and seconded by Harold Rocketto.
THE BOARD'S VOTE TO DENY THE VARIANCE(S) REQUESTED BY APPLICANT WAS.
Member: JAY COHEN FOR
Member: OWEN RUTZ FOR
Member: FRANCOIS DAUBE FOR
Member: MICHAEL TUCKER AGAINST
Member: HAROLD ROCKETTO FOR
[Alternate Members: Francois Daube, Michael Tucker and Harold Rocketto]
ZONING BOARD OF ADJUSTMENT,
CITY OF WEST UNIVERSITY PLACE,TEXAS
BY: 4111P 1/,
Owen Rutz
Presiding Officer, Z. -' g Board of Adjustment
2
STATE OF TEXAS
COUNTY OF HARRIS `,,
This instrument was acknowledged before me on ��� '1 , 2023 by Owen Rutz as Presiding Officer
of the Zoning Board of Adjustments of the City of West University Place, Texas.
JOSIE M. HAYES
Notary Public,State of Texas
1.71145D0
}v Comm. Expires 06-22-2025
71145,;�0 Notary ID 12375814
(SEAL) 1 a0a� 41-etyp,
My commission expires: '(Ta• v,
Notary Public
This instrument was filed in the Board's office on NOVEMBER , 2023.
By: Jc5 . YY). -HrtiO
Name:Josie M Hayes
Title:Administrative Coordinator
After recording,please return to:
Secretary,Zoning Board of Adjustments
City of West University Place
3826 Amherst St. -.11Houston,TX 77005
(Phone: 713-662-5843)
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FILED FOR RECORD
8:21:38 AM
Wednesday, November 15, 2023
/ ,,, •„, Zdpog
COUNTY CLERK, HARRIS COUNTY, TEXAS
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE RENTAL, OR USE OF THE DESCRIBED REAL
PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
THE STATE OF TEXAS
COUNTY OF HARRIS
I hereby certify that this instrument was FILED in File Number Sequence on the date and at the time
stamped hereon by me;and was duly RECORDED; in the Official Public Records of Real Property of Harris
County Texas
Wednesday, November 15, 2023
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o .'� , ,..• �• Zi,
r'90 COUNTY CLERK
HARRIS COUNTY, TEXAS