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: