|
DRAFT
<br />
<br />F:kAttorney\Lisa\Ordinances\CURRENTkHouse Variance 2004.wpd
<br /> March 1, 2004
<br />
<br />ORDINANCE NO.
<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 REQUIREMENTS OF SECTION VIII (A), CURB AND
<br />GUTTER, OF THE AFORESAID SUBDIVISION ORDINANCE, TO THE
<br />DEVELOPER OF LOTS 1, 2, AND 3, BLOCK A, HOUSE ADDITION (CITY
<br />BLOCK 218-A), BEING LOCATED IN THE 1300 BLOCK OF W. AUSTIN
<br />STREET; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO
<br />THE SUBJECT; AND DECLARING AN 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 all
<br />streets within the subdivision and along the subdivision's side of all boundary streets; and,
<br />
<br /> WHEREAS, curb and gutter is already in place along the north side of Lots 1 and 3 (Austin
<br />Street), Block A, House Addition (City Block 218-A), but curb and gutter does not exist on the east
<br />side of Lots 1 and 2 (13th Street S.W.); and,
<br />
<br /> WHEREAS, the City Council of the City of Paris has considered the request of David C. and
<br />Stephanie House, the developers of property located at Lots 1, 2, and 3, Block A, House Addition
<br />(City Block 218-A), for a suspension or variance from the requirements of Section VIII (A), Curb
<br />and Gutter, of said Ordinance to construct curb and gutter (or to deposit with the City appropriate
<br />funds to pay the cost thereof in accordance with Section XIII of said Ordinance) along 13th Street
<br />S.W., adjacent to the developer's development located in the 1300 block of W. Austin 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 there
<br />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 particular
<br />property in question, and granting a variance therefrom would not be materially detrimental to the
<br />public welfare or injurious to other property or property rights in the vicinity as established herein;
<br />NOW, THEREFORE,
<br />
<br />
<br />
|