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DRAFT F:kAttorney\Lisa\Ordinances\CURRENT\Chamey Variance 2004.wpd January 30, 2004 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION X¥I (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, ALSO KNOWN AS THE PARIS RETIREMENT VILLAGE, 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, Section VIII (A), Curb and Gutter, of the Subdivision Ordinance requires a developer to construct curb and gutter monolithic with the concrete pavement along both sides of all streets within the subdivision and along the subdivision's side of all boundary streets; and, WHEREAS, Mr. Joe Chamey, President of Chamey Investments, the developer of property located at Lot 2, City Block 308, also known as the Paris Retirement Village, has agreed to conform with said Ordinance and construct required curb and gutter on 13th Street S.W. and Brame Street adjacent to the aforesaid development; and, WHEREAS, the City Council of the City of Paris has considered the request of Mr. Joe Chamey, President of Chamey Investments, the developer of property located at Lot 2, City Block 308, also known as Paris Retirement Village, for a suspension or variance from the requirements of Section VIII (A), Curb and Gutter, of said Ordinance to construct curb and gutter (or to deposit with the City appropriate funds to pay the cost thereof in accordance with Section XIII of said Ordinance) along W. Washington Street, 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 with regard to 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