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3805 Lamar Avenue - Variance granted for 6.3% variance for Greenspace RequirementDECISION OF THE BOARD OF ADJUSTMENT, CITY OF PARIS, TEXAS RE: 3805 Lamar Ave- Variance Request Murphy Oil USA, Inc. 200 E Peach St El Dorado, AR 71730 ACTION REQUESTED: 1). 6.3% Variance to Greenspace Requirement. The above -referenced request was approved by the City of Paris Zoning Board of Adjustment ("Board") y ayes, 0 nays and abstaining. Board on 11/7/2023 b a vote of .... On this date, the Board found that the requests met the conditions set forth in the City of Paris Buffering Regulations Ordinance, Section 30-101. Appeal: Any interested person wishing to appeal this Board decision is required to file a petition for Writ of Certiorari in a district court, county court or county court at law within ten (10) days of the date this decision is filed in the Board's office consistent with section 211.011 of the Texas Local Government Code. The Board of Adjustment hereby approves the variance request based upon the following condition and findings of fact. Conditions 1. The site plan and analysis in this case supports approval of this variance according to the required Ordinance provisions for the City's Board of Adjustment 2. Staff recommends approval of the request based upon the following staff recommended findings of fact. Findins 1. The request for variance is in harmony with the general purposes and intent of site improvement regulations contained in the Zoning Ordinance 1710 Exhibit 9B and the Subdivision Ordinance 1315 Exhibit 9A; and will protect the character of the immediate vicinity of Lamar Avenue in this commercial corridor. 2. The site plan for the upgraded gas station and convenience store permits an improvement to this area of the city to the greatest extent feasible given lot width constraints, conformity with regulations assuring the continued reasonable use of the property for commercial purposes. 3. The physical constraints of the site, which is located between the driving areas, TxDOT roadway, and a neighboring restaurant are special and unique condition(s) of restricted area, shape, topography, or physical features that exist on the subject parcel of land, which are not applicable to other parcels of land in the Commercial Zoning District, and which cause unusual and practical difficulty or unnecessary hardship to the use of the property with site improvements permitted by the ordinance with the provision sought here to be varied. 4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- imposed or self-created), and (b) the applicant has not stated that there is an economic or financial hardship for the site improvements to be constructed in compliance with ordinance requirements. 5. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of reasonable rights to use the property that are commonly enjoyed by other properties in the Commercial Zoning District which are required to comply with these same ordinance provisions. This decision was filed in the Board's office on 01/02/2023. W� P vVh�� vJ 6-. , ® Chairperson, Board of Adjustment ��.... m .. ...............r _ � .. S, cr te. ary to the Board L"