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DRAFT F:kAttorney\Lisa\Ordinances\CURRENT\Chamey Variance.wpd October 10, 2003 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION XVI (B) OF ORDINANCE NO. 1315, THE CITY SUBDIVISION ORDINANCE, FROM THE REQUIREMENTS OF SECTION VIII (A), CURB AND GUTTER, OF THE AFORESAID SUBDIVISION ORDINANCE, TO THE DEVELOPER OF LOT 2, CITY BLOCK 308, BEING LOCATED IN THE 1400 BLOCK OF W. WASHINGTON STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section XVI (B) of Ordinance No. 1315, as amended, the Subdivision Ordinance of the City of Paris, Paris, Texas, provides a process for suspending or varying the subdivision regulations upon certain findings thereof and a vote for recommendation of said suspension by the Planning and Zoning Commission and/or the City Council; and, WHEREAS, the City Council of the City of Paris has considered the request of the developer of property located at Lot 2, City Block 308, also known as Paris Retirement Village, for a request for a suspension or variance from the requirements of Section VIII (A), Curb and Gutter, of said Ordinance to construct curb and gutter adjacent to the developer's development located in the 1400 block of W. Washington Street; and, WHEREAS, the City Council of the City of Paris, having considered the aforesaid request for variance and suspension, and having considered the action of the Planning and Zoning Commission in denying said request for variance and suspension, finds and determines that there are special circumstances or conditions affecting the aforesaid property as set out herein; that enforcement of the provisions of Section VIII (A) of the Subdivision Ordinance as applied to the particular property in question would deprive the property developer of a substantial property right as set out herein; and that suspending the requirements of Section VIII (A) as applied to the particular property in question, and granting a variance therefrom would not be materially detrimental to the public welfare or injurious to other property or property rights in the vicinity as established herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved.