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HomeMy WebLinkAbout02262026 ZBA Decision 3 No+tce..-, Zoning Board of Adjustment City of City of West University Place, Texas("City") West University Place Docket No. 2026-00003 DECISION TO GRANT A SPECIAL EXCEPTION Address of building site: 3407 Bissonnet Street, West University Place, Texas Legal description of the building site: Lots 2, Block 91, West University Place Section 2, Harris County, Texas Applicant: Beehive Parent Child Center 21 Date of Application: February 04,2026 Decision or Action Requested: Approval of a Special Exception pursuant to Appendix A—Zoning Ordinance; Article 7A— Residential District-Specific Regulations; Table 7A-1, Note 3 of the City's Code of Ordinances to authorize one (1) additional accessory structure on the property. Notice,Hearing, Findings, Vote: (X) Notice of hearing was given by: regular mail and by posting on-site in accordance with Article 11 of the Zoning Ordinance, by Clay Chew, of the City of West University Place, Texas, and posting more than 72 hours in advance as required by the Texas Open Meetings Act, Tex. Gov't Code Ch. 551. The ZBA finds that a reasonable time and public notice was provided for the hearing. (X) Hearing was held on: February 26, 2026. (X) Required determinations have been made by the ZBA as follows: (i) the proposed special exception will not cause any increase in on-street parking; (ii) the proposed special exception will not cause any substantial traffic congestion; (iii) the proposed special exception will not cause any substantial increase in traffic; (iv) the proposed special exception will not cause an unreasonable burden upon utility systems or upon any other public facility or public service; (v) the proposed special exception is consistent with--and in harmony with--the general purpose and intent of the Zoning Ordinance. (X) Special determinations have been made by the ZBA as follows: The additional accessory structure is accessory to a lawful primary use and compatible with nearby sites and their uses, as required by Article 7A, Table 7A-1,Note 3. (X) The vote was: 5 for; 0 opposed,to this decision. The ZBA finds that it decided this appeal within a reasonable time after the application was made to the ZBA, and at its next meeting after the application was made and notice provided,and not later than the 60th day after the application was filed. Decision of the Zoning Board of Adjustment granting special exception (subject to all applicable appeals): The Zoning Board of Adjustment hereby grants the requested Special Exception pursuant to Appendix A — Article 7A — Residential District-Specific Regulations; Table 7A-1, Note 3, authorizing one (1) additional accessory structure at 3407 Bissonnet Street, subject to: • Compliance with all applicable City codes and ordinances; and • Compliance with any plans and representations submitted to and relied upon by the Board at the public hearing. This approval is subject to all applicable appeals. Other Provisions: Page 1 of 3 1. THIS DECISION SHOULD BE RECORDED IN THE HARRIS COUNTY REAL PROPERTY RECORDS, AND THE COST MUST BE PAID BY THE APPLICANT. 2. UNLESS OTHERWISE SPECIFIED IN THIS DECISION, ALL PERMITS REQUIRED FOR THE WORK CONTEMPLATED BY THIS DECISION MUST BE APPLIED 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 EFFECTIVE DATE OF THIS DECISION. ONE EXTENSION OF A 180-DAY TIME PERIOD IN THIS DECISION 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. 3. 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 6 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. 4. 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. 5. 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. 6. 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 & Administrative Remedies: The ZBA orders its chairman to file its written decision in the Board's office. This decision takes effect on the date it is filed in the Board's office (c/o Secretary of the Zoning Board of Adjustment, 3800 University Boulevard, Houston, Texas 77005), unless otherwise indicated above. 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. Any petition for judicial review of this decision must be presented within 10 days after the date this decision is filed in the Board's office. The rules of the Board allow re-hearings in certain circumstances. As additional administrative remedies: (1)the permittee/applicant may able to apply for a different interpretation, variance, or special exception, and(2)any person may request that the City consider an amendment to the Zoning Ordinance; see Article 11,which indicates that such requests should be submitted to the Zoning&Planning Commission. All plans, documents and letters contained in the City's files and submitted at the hearing regarding this matter were made a part of the record of the hearing. ZONING BOARD OF ADJUSTMENT, CITY OF WEST UNIVERSITY PLACE, TEXAS Page 2 of 3 By: Name: oss Flava Presiding Officer,Zoning Board of Adjustment STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me on March 3, 2026 by Ross Fava as Presiding Officer of the Zoning Board of Adjustment of the City of West University Place, Texas. ra-wr —fa pram w♦ .._� i %\ JOSIE M.HAYES y: e MY Notary ID#ry12375814 Expires J 22,2029 (SEAL) i)% Q \r`(\. My commission expires:�Q N3)� Notary Public This instrument was filed in the Board's office on March 3, 2026, and, if a mailing list is attached, copies were mailed to the persons on the list on (N/A). By: ACOS\--Q--, Th.4\t/01, Name:Josie M. Hayes Title:Administrative Coordinator After recording return to: /V Secretary,Zoning Board of Adjustment City of West University Place 3826 Amherst Street Houston, Texas 77005 Phone: 713-662-5843 Page 3 of 3 + i FILED FOR RECORD 9:23:39 AM Thursday, March 5, 2026 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, March 5, 2026 COUNTY CLERK °j -� HARRIS COUNTY, TEXAS