05&06 Turinsky ZoningDRAFT
ALICE\ORDWORK\CURRENT\7-5-01 Zoning Ords
June 26, 2001
ORDINANCE NO.
AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE
CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES
ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING
A ONE-FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC
USE PERMIT (39) MOBILE HOMES ON LOTS 1 THROUGH 8, BLOCK 11,
WEST SIDE ADDITION, ON PROPERTY BELONGING TO AL TURINSKY,
SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED
AS A ONE-FAMILY DWELLING DISTRICT NO. 2 (SF-2); DESIGNATING
THE BOUNDARIES OF THE ONE-FAMILY DWELLING DISTRICT NO. 3
(SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES SO
ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED
$2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE OF
AUGUST 1, 2001.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a
request for an amendment to the zoning ordinance of the City of Paris; and,
WHEREAS, the City Council has subsequently referred said request for amendment to the
Planning and Zoning Commission for its review and recommendation in accordance with the City
zoning ordinance and State law; and,
WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said
proposed amendment to the City zoning ordinance and, following said hearing, made formal
recommendation to the City Council regarding said proposed change; and,
WHEREAS, the City Council of the City of Paris did subsequently conduct a public hearing
on the aforesaid proposed amendment to the City zoning ordinance, and having considered the
recommendations of the Planning and Zoning Commission and the testimony and evidence introduced
at said public hearing, found and determined that approving the aforesaid zoning change would be
consistent with the comprehensive plan of the City of Paris, consistent with the City zoning ordinance,
and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of
the City of Paris; 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 boundaries heretofore established by the Zoning Map and Ordinance No.
1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that a ONE-
FAMILY DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE
HOMES be, and the same is hereby, established on LOTS 1 THROUGH 8, BLOCK 11, WEST SIDE
ADDITION, on property belonging to AL TURINSKY, so as to include in such ONE-FAMILY
DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES
the hereinafter described property, which was formerly and is presently designated as a ONE-
FAMILY DWELLING DISTRICT NO. 2 (SF-2), and that the boundaries of said ONE-FAMILY
DWELLING DISTRICT NO. 3 (SF-3) WITH SPECIFIC USE PERMIT (39) MOBILE HOMES,
be, and the same are hereby, established as follows:
SITUATED within the corporate limits of the City of Paris, County of Lamar,
and State of Texas, being a part of the Asa Jarmen Survey and being Lots 1, 2, 3, 4,
5, 6, 7, and 8, Block 11, of the West Side Addition, a plat of which is of record in
Volume 53, Page 479, Lamar County Deed Records, and being the same property
described in deed from Clark Howell and wife, Clara Lee Howell, to Sidney J. Lenior
and Janice C. Lenior dated May 27, 1957, recorded in Volume 353, Page 534, Lamar
County Deed Records, also being the same property described in deed from Janice C.
Lenior to A1 Turinsky, Sr. and wife, Sherry Turinsky, recorded in Volume 1059, Page
241, Real Property Records of said County and State, being located in the 2000 block
of W. Cherry and W. Plum Streets.
Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed
to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No.
1710 and the land use map accompanying the same, and in accordance with the provisions of this
ordinance.
Section 4. That any person violating any of the provisions of this ordinance shall be guilty
of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each
and every day's continuance of any violation of the above-enumerated sections shall constitute and
be deemed a separate offense.
Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly
repealed.
Section 6. That this ordinance shall become effective August 1,2001.
PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this
the 5th day of July, 2001.
Michael J. Pfiester, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
AFFIDAVIT REQUEST FOR AMENDMENT TO ZONING ORDINANCE NO. 1710
STATE OF TEXAS ~
COUNTY-OF LAMAR ~
DEFORE ME,'the undersigned authority, on this day personally appeared
AL TURINSKY , who upon oath deposes and says:
PHONE NUMBER 972-771-2727
in property located wi:bin the corporate limits o1' tim City oF Paris being
"My interest in the above described property is OldER
and I de reques~ a chonge in zoning frola ONE FAMILY DWELLINq NO. 2 (~F-2)
District to ONE FAMILY DWELLING NO. 3 ($F-~) District.
"In support of said request I make the following answers to quest)OhS 1-4:
1. Will the re-zoning be in accordance with the'original con,prebensive
zoning scheme, as represented by the pre-establi'sbed zoning ordinance and the
long range master plan .and map that has been adopted by tim zoning ordinance?
2. Will tile re-zoned designation be compatible wit)) the classification and
uso of adJolnlnD lands so as to avoid adverse impact on neighbors?
NO MOST OF THE HOUSES IN THE AREA ARE STICK BUILT HOMES
3. Is the tract unsuitable for uses permitted under the present zoning class-
tflcationi Um~eFore Justifying a change in'zoning?. NO
4. Does tile re-zoning bear a substantial rela'ttonshlp to tim public health,
safety, morals or general welfare or protect and preserv6 historical and cultural
PLACE TO SETUP MANFACTURED HOUSING
· 5, BAS A COPT OF Tt~E FANO DEED BEE~m'SUBMITTED7 YES
5igna~ of Applicant/
this
SWORN TO AND SUBSCRIBED BEFORE ME, by the said
31 day of MAY. , ~0 O1 ,
AL TURINSKY
Notary Pub]to, State of Texas
Mottle Uunnlnglmm, ulcy ~IOrK \ -.~
WARRANTY DEED WITH VENDOR'S LIEN
(Vendor's Lien Rese:ved and Assigned to Third Party Lender)
THE STATE OF TEXAS
COUNTY OF LAMAR
KNOW ALL MEN BY THESE PRESENTS:
THAT THE UNDERSIGNED, JANICE C. LENOIR, by and through her Attorney-in-
Fact Sidney Scott Lenoir, hereinafter called "Gran!or", whether one or more, for and in
consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to the
undersigned in hand paid by the Grantee herein named, the receipt of Which is hereby acknowledged,
and the further consideration of the execution and delivery by the Grantee of that one certain
promissory note of even date herewith in the principal sum of $34,600.00, payable to the order of
AMERICAN NATIONAL BANK OF TEXAS, as therein sPecified, providing for acceleration of
maturity and for attorney's fees, the payment of which note is secured by the vendor's lien herein
retained, and is additionally secured by a deed of trust of even date herewith to
JOHN H. DJkVIDSON ~ TRUSTEE: has GRANTED, SOLD AND CONVEYED, and by these
presents does GRANT, SELL AND CONVEY unto AL TURINSKY, SR. AND WIFE, SHERRY
TURINSKY, herein referred to as the "Grantee", whether one or more, the real property situated in
Lamar County, Texas and being described to-wit:
A part of the Asa Jarmen Survey and being Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 11, of the
West Side Addition, a plat of which is of record in Volume 53, Page 479, Lamar County Deed
Records, and being the same property described in deed from Clark Howell and wife, Clara
Lee Howell to Sidney J. Lenior and Janice C. Lenior, dated May 27, 1957, recorded in Book
353, Page 534, Lamar County Deed Records.
The conveyance evidenced by this deed and is made subject to the following, to the extent
each affects the within described properO~ or any part thereof;
1. All easements, rights of way, bnilding line set/backs as shown on plat of the tVest
Side Addition of record in Volume 53, Page 479, Lamar Coun(y Deed Records.
TO HAVE AND TO HOLD the above described premises, together with ali and singular the
rights and appurtenances thereto in anywise belonging, unto the said Grantee, Grantee's heirs,
executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor,
Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND
FOREVER DEFEND ail and singular the said premises unto the said Grantee, Grantee's heirs,
executors, administrators, successors and/or assigns, against every person whomsoever claiming or
to claim the same or any part thereof.
But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above
described premises, is retained against the above described property, premises and improvements
until the above described note and all interest thereon are fully paid according to the face, tenor,
effect and reading thereof, when this Deed shall become absolute.
241
00io. 8
THAT, AMERICAN NATIONAL BANK OF TEXAS ("Lender"), at the ,instance and
request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion
of the purchase price of the herein described property as is evidenced by the hereinabove described
Note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the
benefit of said Lender and the same are hereby TRANSFERRED AND ASSIGNED to said Lender,
its successors and assigns.
Payment of the current ad valorem taxes on the property having been ass/~ed by Grantee.
EXECUTED this ~.R-"/4'dayof .,4///]A~.~/ ,200il. ,~ t
'Jt~r ~ -?~ -LF aE~ ~S~,~ 'n el~y '~: o/~tt hLr::o~rh her
THE STATE OF TEXAS
COUNTY OF ,/~f./-/~/lJ
The foregoing instrument
Lenior.
was acknowledged before me on the ff:p';Z~day of
,2001, by SIDNEY SCOTT LENOIR, as Attorney-in-Fact for Janice C.
M-y Qo(nrnission ~,xpires
Grantee's Address:
(After Recording, Return To.')
Mr. & Mrs. A1 Turinsky
3626 Highpoint Drive
Rockwall, Texas 75087-5313
'I~-OT~Y I~JBLIC - S~'~'I~E OF TEXAS
lqotary's printed name
i.p~.l Nota~/Pubiic, StateofTexas ~
RP 1059a 242
Job Number: 352-M~r01
BFing Lots 1, 2, 3, 4, 5, 6, 7, and 8, Block 11 of the West Side Addition as sh6wn by
plat recorded in Volume 53, Page 479 of the I.arnar County Deed Records.
[, R. Bt:radon Chane¥, ll. eg~stered Pro£ess~onal Surveyor No. 4057, hcrcby
tl~at thc ;mprovcmcnts are as shoxvn on thc above l~rot~crt~ as of
~ Z)r'd~'~ ~__-~-~ ,2001, ,., ,, ' -: ·