08 Variance - House AdditionFebruary 19, 2004
To Whom It May Concern:
Last week we met w/th Shawn Napier, city engineer, to finalize plans on building a rental
home, and he notified us of Ordinance No. 2003-025 in regards to subdivision
regulations. The ordnance stated that we must have curb and gutter on our property
before beginning the building process. Upon examining the property surroundin8 our
building site, we have discovered that numerous lots in the same neighborhood are not in
compliance with this ordinance. Three lots south are without curb and gutter, and
additionally, there are eight lots across the street to the east of our property (13th S.W.)
without both curb and gutter. Therefore, we feel a variance on this ordinance is
necessary due to the nature of all the other surrounding properties.
Our goal in building this rental property is to provide a business venture for our familY
but to also help in beautifying the neighborhood.. Our plan is to build another rental
home on the other zoned lot within two years. Not onl}, w/ll this ~ian increase the tax
l, ut
it mil increase the value of the real estate surrounding.
Your attention to this matter is greatly appreciated as we are confident that curb and
gutter for this property is not necessary. We are anxiously awaiting the beginning of our
building plans, and we would like to thank you for your consideration.
Kindest Regards,
Stephanie House
David House
DRAFT
F:kAttorney\Lisa\Ordinances\CURRENTkHouse Variance 2004.wpd
March 1, 2004
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 LOTS 1, 2, AND 3, BLOCK A, HOUSE ADDITION (CITY
BLOCK 218-A), BEING LOCATED IN THE 1300 BLOCK OF W. AUSTIN
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, Section VIII (A), Curb and Gutter, of the Subdivision Ordinance requires a
developer to construct curb and gutter monolithic with the concrete pavement along both sides of all
streets within the subdivision and along the subdivision's side of all boundary streets; and,
WHEREAS, curb and gutter is already in place along the north side of Lots 1 and 3 (Austin
Street), Block A, House Addition (City Block 218-A), but curb and gutter does not exist on the east
side of Lots 1 and 2 (13th Street S.W.); and,
WHEREAS, the City Council of the City of Paris has considered the request of David C. and
Stephanie House, the developers of property located at Lots 1, 2, and 3, Block A, House Addition
(City Block 218-A), for a suspension or variance from the requirements of Section VIII (A), Curb
and Gutter, of said Ordinance to construct curb and gutter (or to deposit with the City appropriate
funds to pay the cost thereof in accordance with Section XIII of said Ordinance) along 13th Street
S.W., adjacent to the developer's development located in the 1300 block of W. Austin 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 with regard to 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 developers of that property located at Lots 1, 2, and 3, Block A, House Addition
(City Block 218-A), being located in the 1300 block of W. Austin Street, 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 with regard to the requirements of that ordinance to
construct curb and gutter along the east side of Lots 1 and 2, Block A, House Addition (City Block
218-A), adjacent to 13th Street S.W., or to deposit with the City sufficient funds to defer the cost
thereof.
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."
In addition, that Section XIII of the Subdivision Ordinance would apply if the developer did
not construct the curb and gutter, but was not relieved of the obligation to comply with Section VIII
(A); Section XIII provides in relevant part as follows:
"The owner or developer of any proposed subdivision or addition covered by this
ordinance may, in lieu of actually completing the construction of the improvements
required by this ordinance as a predicate to the approval of the final map or plat of the
same, file with the City of Paris a corporate surety bond, executed by said owner or
developer as principal and approved surety company licensed to do business in the
State of Texas, as surety, in a sum equal to the estimated cost of such improvements,
which said bond shall guarantee the construction thereof within the time stated in said
bond, which shall never exceed seven (7) years. Such bond shall specifically state it
shall remain in full force and effect, regardless of the time, until such improvements
are made and accepted by the City of Paris as having been constructed in accordance
with the requirements of this ordinance. Such bond shall be approved by the City
Attorney."
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 the east side of
Lots 1 and 2, Block A, House Addition (City Block 218-A), adjacent to 13th Street S.W.; 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 Lots 1,
2, and 3, Block A, House Addition (City Block 218-A), being located in the 1300 block of W. Austin
Street, 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 along the east side of Lots 1 and 2, Block A, House Addition
(City Block 218-A), adjacent to 13th Street S.W., nor shall the developer be required to deposit
sufficient funds with the City in accordance with Section XIII of said Ordinance to defer the cost
thereof.
Section 6. That this ordinance shall be effective from and after its date of passage.
PASSED AND APPROVED this 4th day of March, 2004.
Curtis Fendley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney