05-C Beezley VarianceDRAFT
F:kAttorney\Lisa\Ordinances\CURRENT\Beezley Variance.wpd
June 9, 2003
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION X¥I
(B) OF ORDINANCE NO. 1315, THE CITY SUBDIVISION ORDINANCE,
FROM THE REQUIREMENTS OF SECTION VIII (A), CURB AND
GUTTER, OF THE AFORESAID SUBDIVISION ORDINANCE, TO THE
OWNER OR OWNERS OF CITY BLOCK 317, BLOCK A, LOTS 1-4;
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, the City Council of the City of Paris has considered the request of the owner
of property located at City Block 317, Block A, Lots 1-4, also known as the Beezley Addition, for
a request for a suspension or variance from the requirements of Section VIII (A), Curb and Gutter,
of said Ordinance to construct curb and gutter adjacent to the owner's development located on 36th
Street N.E.; 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 in denying 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 owner 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 owner or owners of that property located at City Block 317, Block A, Lots 1-4,
also known as the Beezley Addition, have 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.
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's side of all boundary streets. The cost of this work will not be
subject to any participating aid by the City."
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 36th Street N.E.;
that the thoroughfare plan shows 36th Street N.E. to be a collector level roadway, thereby calling for
a thirty-nine (39) foot wide section of pavement and curb and gutter; that the existing roadway is
approximately twenty-one (21) feet wide; that the curb and gutter would be nine (9) feet from the
pavement edge and also cover the existing drainage ditch, making said curb and guttering
engineeringly impracticable; that the existing neighborhood subdivisions have not installed curb and
gutter on 36th Street N.E. nor been required to post a financial guarantee in escrow with the City of
Paris for said curbing and guttering; that where curb and guttering cannot be constructed the
developer is typically required to post a guarantee of construction before the final plat is filed; that
said financial guarantee is retained by the City of Paris until the gutter is constructed by the developer,
or for seven (7) years, whichever occurs earlier, in which case the financial guarantee would be
returned to the developer; and that the City Engineer has determined and recommended, in an opinion
attached hereto as Exhibit A and for all purposes incorporated herein, that requiring the construction
of the aforesaid curb and guttering, or the deposit of a financial guarantee in lieu thereof, is
engineeringly impracticable, would be inconsistent with the surrounding drainage control measures,
including the lack of curb and guttering, and that to require the posting of a financial guarantee for
said improvement would be unfair and unreasonable to the developer in that curb and guttering will
not in all likelihood be required or constructed on the aforesaid portion of 36th Street N.E. for the
reasonably foreseeable future.
Section 5. That, based on the conditions as described in this ordinance and the
recommendation and findings of the City Engineer, a variance is hereby granted by the City Council
of the City of Paris to the owner or owners of that property known as City Block 317, Block A, Lots
1-4, also known as the Beezley Addition, from being required to comply with the requirements of
Section VIII (A), Curb and Gutter, of the 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 nor shall a financial guarantee be
required to be posted.
Section 6. That this ordinance shall be effective from and after its date of passage.
PASSED AND APPROVED this 16th day of June, 2003.
ATTEST:
Curtis Fendley, Mayor
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney