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05-B Amend Subdiv-VariancesDRAFT F:kAttorney\Lisa\Ordinances\CURRENT\Subdivision Reg Sec. XVI Amendment. wpd June 9, 2003 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AMENDING SECTION XVI, CHANGES AND VARIATIONS, AS CONTAINED IN ORDINANCE NO. 1315, AS AMENDED, THE CITY SUBDIVISION ORDINANCE, TO REVISE THE LANGUAGE IN SUBSECTION (B) THEREOF TO PROVIDE FOR THE CITY COUNCIL, IN THE EVENT THE PLANNING AND ZONING COMMISSION HAS FAILED TO APPROVE A REQUEST FOR A SUSPENSION OR VARIATION FROM ONE OR MORE SUBDIVISION REGULATIONS, TO GRANT SAID SUSPENSION OR VARIATION UPON A THREE-FOURTHS (3/4) VOTE OF ALL COUNCIL MEMBERS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, Section XVT of Ordinance No. 1315, as amended, the Subdivision Regulations of the City of Paris, at subsection (B), provides a process for suspending or varying the Subdivision Regulations upon certain findings thereof and a vote for recommendation of said suspension by both the Planning and Zoning Commission and the City Council; and, WHEREAS, the City Council of the City of Paris desires to amend said Section XVT (B) to authorize the City Council to overrule the Planning and Zoning Commission's denial of a suspension or variation from said Regulations, and grant said suspension or variation upon a three-fourths (3/4) vote in favor thereof by all members of the City Council; 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 Section XVT, Changes and Variations, of Ordinance No. 1315, as amended, the Subdivision Regulations of the City of Paris, Paris, Texas, is hereby amended to read as follows: "Section XVI. Changes and Variations "(B) A suspension from or a variation of any of these rules and regulations may be recommended by the commission, upon a showing by the owner or developer that there are special circumstances or conditions affecting the property in question; that enforcement of the provisions of this ordinance will deprive the applicant of a substantial property right; and that such suspension, if granted, will not be materially detrimental to the public welfare or injurious to other property or property rights in the vicinity. Upon recommendation of a suspension of any of these rules and regulations by the commission, the city council may, upon finding that there are special circumstances or conditions affecting the property in question; that enforcement of the provisions of this ordinance will deprive the applicant of a substantial property right; and that such suspension, if granted, will not be materially detrimental to the public welfare or injurious to other property or property rights in the vicinity, grant a suspension of any of these rules and regulations. In the event the commission, upon a request of the owner or developer, and following consideration of same as provided herein, denies a suspension or variation from one or more of these rules and regulations, the city council may, upon the proper findings as stated herein, and upon the affirmative vote of at least three-fourths (3/4) of all members, overrule the commission's denial and grant the requested suspension or variance. Under no circumstances shall the city council reverse the action of the commission in denying approval of a final plat." Section 3. That this ordinance shall be effective from and after its date of passage. PASSED AND APPROVED this 16th day of June, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney