HomeMy WebLinkAbout11212024 ZBA Decision (‘43)0.
1� 02/20/2025 5P1 $33.00
City of
West University
Place Zoning Board of Adjustment
City of West University Place, Texas ("City")
Docket No: 2024-0008
DECISION GRANTING A VARIANCE
Address of building site: 3733 Arnold St., Houston, TX 77005
Legal description of building site: LT 13, BLK 1, SUNSET TERRACE SEC 7 OF, West University Place, TX
77005, Harris County, Texas
Applicant: Manmeet(Mani) and Sabina Walia
Decision or Action Requested: Request a variance to Appendix A, Article 7A, Residential District—Specific
regulations, Table 7A-3, Open & Pervious Area, Note 4 to allow 17% of the
front yard to alternate from the required landscapes and vegetation standards.
The applicant has submitted an alternate pervious surface (pervious pavers
and Blackstar gravel) in lieu of natural vegetation or landscaped area.
Notice,Hearing,Determinations, Vote:
(X) Notice of hearing was given by: Mail and on-site posting, in accordance with Article 11 of the Zoning
Ordinance, by Brett Clay, Asst. Public Works Director of the City.
(X) Hearing was held on November 11, 2024.
(X) Required findings and determinations have been made by the ZBA as follows: (i) due to special conditions,a
literal enforcement of the Zoning Ordinance provision identified below would result in unnecessary hardship, (ii)
by granting this variance, the spirit of the ordinance is observed and substantial justice is done, and (iii) this
variance is not contrary to public interest.
(X) Additional findings and determinations (if any) have been made, as follows: N/A
(X) The vote was: 5 for, 0 to approve this decision.
Decision of the Zoning Board of Adjustment granting variance (subject to all applicable appeals):
Under and subject to the City's Zoning Ordinance and applicable law, a variance from Appendix A, Article 7A,
Residential District—Specific regulations, Table 7A-3, Open & Pervious Areas,Note 4 of the Zoning Ordinance is
granted for the site identified above, as follows:
Allow 17%pervious pavers and Blackstar gravel of the front yard area to alternate from the required landscape and
vegetation standards.
Other Provisions:
THIS DECISION SHALL BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND
THE COST MUST BE PAID BY THE APPLICANT.UNLESS OTHERWISE SPECIFIED IN THIS DECISION,
ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED
11
FOR ON OR BEFORE THE 180TH DAY FOLLOWING THE EFFECTIVE DATE OF THIS DECISION; AND
SUCH WORK MUST BE COMPLETED IN ACCORDANCE WITH SUCH PERMITS (AND ALL
APPLICABLE REGULATIONS) ON OR BEFORE THE SECOND ANNIVERSARY OF THE DATE OF THIS
DECISION.
ONE EXTENSION OF TIME TO APPLY FOR THE CONTEMPLATED WORK NOT TO EXCEED 180 DAYS
MAY BE GRANTED BY THE ADMINISTRATIVE OFFICIAL. NEITHER ADDITIONAL NOTICE NOR
HEARING IS REQUIRED FOR GRANTING A TIME EXTENSION. IF ANY STEP IS NOT ACHIEVED
WITHIN A PRESCRIBED TIME PERIOD---AND IF NO TIME EXTENSION IS GRANTED—THE WORK IS
NO LONGER AUTHORIZED, AND THIS DECISION BECOMES SUBJECT TO REVERSAL OR
MODIFICATION BY THE BOARD WITHOUT ADDITIONAL NOTICE OR HEARING.
THIS DECISION APPLIES ONLY TO THE SPECIFIC ZONING ORDINANCE PROVISION IDENTIFIED
ABOVE. IT DOES NOT APPLY TO OR AFFECT: (A) OTHER REQUIREMENTS (SUCH AS, FOR
EXAMPLE, REGULATIONS SITES, BUILDINGS AND OTHER STRUCTURES UNDER CHAPTER 18 OF
THE CODE OF ORDINANCES, OR ANY OTHER PROVISIONS OF THE ZONING ORDINANCE), OR (B)
PROPERTY RIGHTS OF THE CITY OR OTHER PERSONS OR ENTITIES (INCLUDING, FOR EXAMPLE,
CITY PROPERTY AND EASEMENTS). THE APPLICANT MUST SEPARATELY APPLY FOR AND
RECEIVE APPROPRIATE PERMISSIONS FROM THE BUILDING & STANDARDS COMMISSION, THE
CITY COUNCIL OR OTHER BODIES THAT MAY HAVE AUTHORITY TO ACT ON SUCH
REQUIREMENTS.
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. NOTHING IN THIS DECISION IMPLIES THAT ANY SUCH
FINDINGS WOULD OR WOULD NOT BE MADE BY THE BOARD.
THIS DECISION REMAINS IN EFFECT FOR AN INDEFINITE PERIOD, UNLESS A TEMPORARY OR
FIXED PERIOD IS INDICATED ABOVE. THIS DECISION REMAINS SUBJECT TO THE REGULATORY
JURISDICTION OF THE CITY. IT MAY BE AMENDED OR REVOKED. THIS DECISION GRANTS NO
PROPERTY RIGHT OR VESTED RIGHT OF ANY KIND.
Effective Date & Appeals: Subject to any applicable appeals, this decision takes effect on the date it is filed in the
Board's office (c/o Secretary of the Zoning Board of Adjustment, 3826 Amherst, West University Place, Texas
77005), unless otherwise indicated above. Any re-hearing of this decision is governed by the rules of the Zoning
Board of Adjustment. 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.
2I
FILED FOR RECORD
11:37:03 AM
Thursday, February 20, 2025
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
Thursday, February 20, 2025
or VIA liwer
4,1
re COUNTY CLERK
°) .�• HARRIS COUNTY, TEXAS
ZONING BOARD OF ADJUSTMENT,
CITY OF WEST IVERSITY PLACE, TEXAS f of(
By:
Ross Fava
Presiding Officer, Zoning Board of Adjustment
STATE OF TEXAS
COUNTY OF HARRIS `
This instrument was acknowledged before me on 1 \..),-.3 :C5M (date) byç\ YS Va (name) as
Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas.
iii'i JOSIE M. HAYES
Notary Public, State of Texas
-01% •41Z.7 Comm.Expires 06-22-2025
Notary ID 12375814
(SEAL)M al)� )(QF� 4r1V1/9
My commission expires: • p�• Q, V 1 1.
Notary Public
This instrument was filed in the Board's office on November 22, 2024, and, if a mailing list is attached, copies
were mailed to the persons on the list on (N/A).
By: l Q
Name: Josie M. Hayes
Title:Administrative Coordinator
After recording return to:
Secretary, Zoning Board of Adjustment
City of West University Place
3826 Amherst Street
Houston, Texas 77005 \vJ
(Phone#: 713-662-5843)
RECORDER'S MEMORANDUM:
At the time of rccardation, this instrument was
found to bo inadaruato for tha bast photographic
reproduction bcccuco of ill^ iblii`Cy, carbon or
photo cap;,O:colored paper,etc.Ali biockouts,
additions t'ad chougoa v:ara prosant at the time
the instrument was filed and recorded.
3