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<br />ORDINANCE NO. 2004-005
<br />
<br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
<br />PARIS, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION XVI
<br />(B) OF ORDINANCE NO. 1315, THE CITY SUBDIVISION ORDINANCE,
<br />FROM THE REQillREMENTS OF SECTION VIII (A), CURB AND
<br />GUTTER, OF THE AFORESAID SUBDIVISION ORDINANCE, TO THE
<br />DEVELOPER OF LOT 2, CITY BLOCK 308, ALSO KNOWN AS THE
<br />PARIS RETIREMENT VILLAGE, BEING LOCATED IN THE 1400 BLOCK
<br />OF W. WASIDNGTON STREET; MAKING OTHER FINDINGS AND
<br />PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN
<br />EFFECTIVE DATE.
<br />
<br />WHEREAS, Section XVI (B) of Ordinance No, 1315, as amended, the Subdivision
<br />Ordinance of the City of Paris, Paris, Texas, provides a process for suspending or varying the
<br />subdivision regulations upon certain findings thereof and a vote for recommendation of said
<br />suspension by the Planning and Zoning Commission and/or the City Council; and,
<br />
<br />WHEREAS, Section VIII (A), Curb and Gutter, of the Subdivision Ordinance requires a
<br />developer to construct curb and gutter monolithic with the concrete pavement along both sides of
<br />all streets within the subdivision and along the subdivision's side of all boundary streets; and,
<br />
<br />WHEREAS, Mr, Joe Chamey, President of Chamey Investments, the developer of
<br />property located at Lot 2, City Block 308, also known as the Paris Retirement Village, has agreed
<br />to conform with said Ordinance and construct required curb and gutter on 13th Street S,W, and
<br />Brame Street adjacent to the aforesaid development; and,
<br />
<br />WHEREAS, the City Council of the City of Paris has considered the request of Mr, Joe
<br />Chamey, President of Chamey Investments, the developer of property located at Lot 2, City Block
<br />308, also known as Paris Retirement Village, for a suspension or variance from the requirements
<br />of Section VIII (A), Curb and Gutter, of said Ordinance to construct curb and gutter (or to deposit
<br />with the City appropriate funds to pay the cost thereof in accordance with Section XIII of said
<br />Ordinance) along W, Washington Street, adjacent to the developer's development located in the
<br />1400 block ofW, Washington Street; and,
<br />
<br />WHEREAS, the City Council of the City of Paris, having considered the aforesaid request
<br />for variance and suspension, and having considered the action of the Planning and Zoning
<br />Commission with regard to said request for variance and suspension, finds and determines that
<br />there are special circumstances or conditions affecting the aforesaid property as set out herein; that
<br />enforcement of the provisions of Section VIII (A) of the Subdivision Ordinance as applied to the
<br />particular property in question would deprive the property developer of a substantial property right
<br />as set out herein; and that suspending the requirements of Section VIII (A) as applied to the
<br />particular property in question, and granting a variance therefrom would not be materially
<br />detrimental to the public welfare or injurious to other property or property rights in the vicinity
<br />as established herein; NOW, THEREFORE,
<br />
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