11-A Variance - Tower Ord - Laserfiche WebLink

Home Browse Search

DRAFT F:ATTORNEY\ORDWORK\CURRENT\ Variance - Tower Ord. June 23, 2005 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING A VARIANCE PURSUANT TO SECTION 28-113 OF SECTION 28, THE TOWER REGULATIONS, OF ORDINANCE NO. 1710, THE ZONING ORDINANCE OF THE CITY OF PARIS, SAID VARIANCE BEING GRANTED TO ROCK TREE PROPERTIES, LLC, TO CONSTRUCT A 180 FOOT CAMOUFLAGED WIRELESS COMMUNICATION FACILITY (WCF) ON PART OF LOT 3, SSLA COMMERCIAL ADDITION, BEING NUMBER 2845 LOOP 286 NE; PROVIDING ADDITIONAL CONDITIONS AND REQUIREMENTS ASSOCIATED WITH THE GRANT OF SAID VARIANCE; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 28-113 of the Tower Ordinance of the City of Paris, the same being a portion of Section 28 of Ordinance No. 1710, the Zoning Ordinance of the City of Paris, provides for the grant of variances by the City Council from the requirements of Section 28-1 04(b) and Section 28-106(c) and (g) of the Tower Ordinance of the City of Paris; and, WHEREAS, the grant of said variance is based upon a showing by the applicant that a Wireless Communication Facility (WCF) proposed for construction will be constructed in a matter to be totally masked or camouflaged or to be included in an existing structure which effectively masks the appearance of the WCF, with the result that such masking or camouflage renders the proposed WCF invisible to public view, or renders it so compatible in appearance with surrounding uses as to be transparent in its impact on said surrounding uses; and, WHEREAS, the burden rests upon the applicant for said variance to provide sufficient information to clearly show that the requirements of masking, camouflaging, or co-location as specified in Section 28-113(a) have been satisfied; and, WHEREAS, Rock Tree Properties, LLC, has filed an application with the City of Paris requesting a variance pursuant to Section 28-113 to construct a 180 foot camouflaged Wireless Communication Facility (WCF) on part of Lot 3, SSLA Commercial Addition, being number 2845 Loop 286 NE; and, WHEREAS, following notice of a public hearing by publication and actual notice to surrounding property owners, the City Council of the City of Paris conducted a public hearing on June 27, 2005, to enable any interested person to comment on the aforesaid proposed variance; and, WHEREAS, following the conclusion of the aforesaid hearing, the City Council considered the approval for said variance, the same requiring three-quarters (3/4) vote of the governing body voting in favor of the said variance in a manner consistent with Section 21-105 of the City Ordinance; NOW, THEREFORE, I