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2004-005-ORD GRANTING VARIANCE PURSUANT TO SECTION XVI(B) OF ORDINANCE NO 1315 ON LOT 2 CITY BLOCK 308 AKA PARIS RETIREMENT VILLAGE ORDINANCE NO. 2004-005 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 REQillREMENTS 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. WASIDNGTON 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 ofW, 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 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, Section 2. That the City Council of the City of Paris, Paris, Texas, does hereby find and determine that the developer of that property located at Lot 2, City Block 308, being located in the 1400 block ofW, Washington Street, also known as Paris Retirement Village, has applied for and sought a suspension of and variance from Section VIII (A), Curb and Gutter, of Ordinance No, 1315, the Subdivision Ordinance of the City of Paris with regard to the requirements of that ordinance to construct curb and gutter along W, Washington Street, or to deposit with the City sufficient funds to defer the cost thereof, Section 3. That the aforesaid Section VIII (A) of the Subdivision Ordinance of the City of Paris requires as follows: "Curb and gutter shall be constructed monolithic with the concrete pavement in accordance with section 29-57 of the City of Paris Code of Ordinances, It shall be constructed along both sides of all streets and avenues within the subdivision and along the subdivision I s side of all boundary streets, The cost of this work will not be subject to any participating aid by the City, " In addition, that Section XIII of the Subdivision Ordinance would apply if the developer did not construct the curb and gutter, but was not relieved of the obligation to comply with Section VIII (A); Section XIII provides in relevant part as follows: "The owner or developer of any proposed subdivision or addition covered by this ordinance may, in lieu of actually completing the construction of the improvements required by this ordinance as a predicate to the approval of the final map or plat of the same, file with the City of Paris a corporate surety bond, executed by said owner or developer as principal and approved surety company licensed to do business in the State of Texas, as surety, in a sum equal to the estimated cost of such improvements, which said bond shall guarantee the construction thereof within the time stated in said bond, which shall never exceed seven (7) years, Such bond shall specifically state it shall remain in full force and effect, regardless of the time, until such improvements are made and accepted by the City of Paris as having been constructed in accordance with the requirements of this ordinance, Such bond shall be approved by the City Attorney, " 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 ofW, Washington Street, also known as Paris Retirement Village, from being required to comply with the requirements of Section VIII (A), Curb and Gutter, ofthe 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 9th day of February, 2004. C \,,'~ --'~ ,G~- _"--/,,,.,:11..::- ( :\ ,,/.~e.// " Curtis Fendley, ayor ATTEST: dtLL~ a~.J J/;nJ Sherian Dixon, Temporary Acting City Clerk