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Section 4. That, if the requirements of Section VIII (A) were applied to the referenced development, the developer would be required to construct curb and gutter along W. Washington Street where approximately three hundred (300) feet of Washington Street that is east of 13th Street S.E. drains west to the intersection to a culvert under 13th Street S.E.; that the City Council 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; 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. Section 5. That, based on the conditions as described in this ordinance, a variance is hereby granted by the City Council of the City of Paris to the developer of that property known as Lot 2, City Block 308, being located in the 1400 block of W. Washington Street, also known as Paris Retirement Village, from being required to comply with the requirements of Section VIII (A), Curb and Gutter, of the Subdivision Ordinance of the City of Paris, Ordinance No. 1315, as amended, and as a consequence of the grant of the aforesaid variance, no such curbing and guttering shall be required to be constructed by the developer along W. Washington Street, nor shall the developer be required to deposit sufficient funds with the City in accordance with Section XIII of said Ordinance to defer the cost thereof. Section 6. That this ordinance shall be effective from and after its date of passage. PASSED AND APPROVED this 5th day of February, 2004. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney