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aforesaid property as set out herein; that enforcement of the provisions of Section VIII (A) of the <br />Subdivision Ordinance as applied to the particular property in question would deprive the property <br />developer of a substantial property right; and that suspending the requirements of Section VIII (A) <br />as applied to the particular property in question, and granting a variance therefrom, would not be <br />materially detrimental to the public welfare or injurious to other property or property rights in the <br />vicinity as established herein. <br /> <br /> Section 5. That, based on the conditions as described in this ordinance, a variance is hereby <br />granted by the City Council of the City of Paris to the developer of that property known as Lots 1, <br />2, and 3, Block A, House Addition (City Block 218-A), being located in the 1300 block of W. Austin <br />Street, from being required to comply with the requirements of Section VIII (A), Curb and Gutter, <br />of the Subdivision Ordinance of the City of Paris, Ordinance No. 1315, as amended, and as a <br />consequence of the grant of the aforesaid variance, no such curbing and guttering shall be required <br />to be constructed by the developer along the east side of Lots 1 and 2, Block A, House Addition <br />(City Block 218-A), adjacent to 13th Street S.W., nor shall the developer be required to deposit <br />sufficient funds with the City in accordance with Section XIII of said Ordinance to defer the cost <br />thereof. <br /> <br />Section 6. That this ordinance shall be effective from and after its date of passage. <br /> <br />PASSED AND APPROVED this 4th day of March, 2004. <br /> <br />Curtis Fendley, Mayor <br /> <br />ATTEST: <br /> <br />Mattie Cunningham, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />Larry W. Schenk, City Attorney <br /> <br /> <br />