Loading...
06 Chamey VarianceDRAFT F:kAttorney\Lisa\Ordinances\CURRENT\Chamey Variance.wpd October 10, 2003 ORDINANCE NO. 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 REQUIREMENTS OF SECTION VIII (A), CURB AND GUTTER, OF THE AFORESAID SUBDIVISION ORDINANCE, TO THE DEVELOPER OF LOT 2, CITY BLOCK 308, BEING LOCATED IN THE 1400 BLOCK OF W. WASHINGTON 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, the City Council of the City of Paris has considered the request of the developer of property located at Lot 2, City Block 308, also known as Paris Retirement Village, 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 developer's development located in the 1400 block of W. 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 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 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 of W. Washington Street, also known as Paris Retirement Village, 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 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 of W. Washington Street, also known as Paris Retirement Village, 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. Section 6. That this ordinance shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of October, 2003. Curtis Fendley, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ORDINANCE NO. 2003-025 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 XVI 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 XVI (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 m6mbers 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 XVI, 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 "(A) . .. "(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 recormnendation 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 ~n~l~'y,~ayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: