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HomeMy WebLinkAboutORD 572 - ORD Amending Zoning ORd 111 Permit the Construction of Improvements 1111 L ' I I _ L~m ~~.___I ,1 '15 .: 1 '0RDlNANCE BO'. 572 I .,1 IJ ~AN ORDINANCE 'FINDING, AND DETlmMINING . THAT EACH' AND ALL THE PROCEEDINGS;;HAVE' HERETOFORE' BEEN HAD AND .A1J:a:'THINGS DONE' . . 'PRER~UISITE"'TO THE HOmING~!OF A"PUBLIC HEARING TO>CONSIDFll THE, AMENDING::<F ZONINGDRDINANCE NO. lii OF TItE cITY CFWEST UNIVERSITYPIACE; TEXAs ;SO AS TO"PERJ,{IT 'rHE' C015TRUCTlOUl.(F' IMPROVEMENTS UPON LOT NO. 17, IN BLOCK NO. 13,6F THE MONTICELLO . ADDITION ,'WHICH CONS~UcTION' 'WILL COVER'lmRE .THAN" bo 'PERCEm; OF THE REAR YARD::AREAOF 'SUCH'rLOT. 'FINDING tTHAT A' PUBLIC' HEARING , , " , . ~ , . ~ .FOR THE PURPOSE 'OF'CONSmERINO:SUCH- AJLENDJIENT-HAS BEEN"DULY AND LEGALLY HEIDi' APPROVINGl.BD "!DOPrING . THE' REP0RTAND'~ RECOMMENDA- . " ., , ; ~ TIONS OF THE ZONING ANDPLANNINGB0ARD"THAT'.'ORDINANeE NO. ~ 111 " BE AMENDED SO AS TO pmMIT SUCH CONSTRUCp:ON j FINDING THAT ORDINANCE NO. 111 SHOULD BE SO AMENDED;" ANB~ PROVIDING THAT THIS ORDINANCE 'SHALL TAKE:EFFECT AND BE 'IN FORCE 'AND. EFFECT IMMEDIATELY "UPON ITS PASSAGEANB:APPRbVALl. ", ".. " WHERElS, W. He':Martirig, the awner:'ofLot'17, in :siock 13 of the Monticello Addition to the City of West. University Place, Texas, has heretofore filed his written application with the Zoning and Planning ~oard of said City, for permission to construct improvements Upon . said lot covering more than 40 p~rcent of the rear yard f'e~; ~ and. WHEREA.S"at a regular meeting of the Zoning and Planning Board of the City held on !lay.'lO.,..19,~,_ it, was detemned'.'that-.per.inission for such n construction on said lot and in excess of the minimum rear yard area 'LJ regulations as set' forthqin Ordinance No.llEsho.uld be p:ermtted, and that an amendatory ordinance should be passed by the City Commission allowing such construction;' and. said Zoning and Plaririing Board,,' did cfurther recommend to the City Canmission that a public hearing be called to consider the amend- ing of Ordinance No. 111 so as to permit the construction 'applied for; and WHEREAS" at a regular mee~ing of the City Commission held on May Ib, .195~- upon the. Written' request. of_.W._ H. Marting and upon the recommendation of the Zoning and Planning Board; it was determined that a public hearing should be held to consider"Whether ordinance No. 111 should be amended so as to permit such construction; and WHPnEA.8, the City Commission, at its regular meeting on May lb., 19,1, did instruct the City Secretary to advertise in the official publication of the City and to give written notice to all property owners whose property lies nthin 200 feet of LOt 17, Block 1) of the Monticello Addition, of a public hearing to be held at 7 :30 P.M., June 1" 1951,- ,in the. City Hall to . determine whether or not Ordinance No. 111 should be amended so as to permit such construction; and WHEREAS, in pursuance to the direction given .,him by the~ City Commission~and in full compliance nth thechart,er and the Ordinances of the City,'the City Secretary did cause to be .published.-.i.ri-the Southwestern. Times on May 17, 19,1, and did mail to each of the owrie~s'of property lying [J L81 ] l ] ac::r / I I. within 200 feet of. Lot, No'.' 17, Block No. 13 of JlonticelloAddition,notice of a hearing to be held in the City Hall, 3800 lhiversity Boulevard at 7:30 P.II. on JWle 1, 1951, to consider amending Ordinance No. III so as to permit the constru.ct1onapplied for; ,and' ,WHEREAS, pursuant.to such n'Otice a public: hearing was':heldby . the City Commission at the City Hall and at the time specified in such notice, at 'Which bearing,::all.,teSt1mony.was'heard and fully c-onsidered ~ by the City Commission. as, to the' advisability and propriety of amending Ordinance No. 111 so as to permit the 'Construction of improvements. on'Lot No.:17,<Block No. 13, in the Monticello Addition:'covering more than.ho percent:. of the'rear yard area of: said lot;. and' . . ;;0 ..' " . \:- - ( ~. . . . . WHEREAS, the City Commission, after haviilg heard all facts and afterhaving,:,personally inspected'said lot. and the proposed, area of construc- tion, and further. hav1ng,considered.the'..report ,and recommendation'lof'-the Zoning and Planning Board, is of the opinion that Ordinance No. 111 should be amended so as to permit the construction on Lot 17, Block 13, IContice110 Addition, in accordance with tb-e,'plahs and specifications as. 'presented to the Zoning and. Planning Board and a.s presented 'to the City Commission; and ~ ' WHEREAS, the" Ci'ty-C'omm1ssion and Mayor of the City of West . University, P!ace., Tex~s" d~,s4",e -.:tiO .8Dl.~pd, OrdiJiance No. 111 to. allow such construction, and believe that it will be to the public interest 'to so amend the same: .. . ,". NOW, THmEFORE, BE IT ORDAINED BY THE CITY COIlMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS; Section 1. That the.City Commission of the City of West University .Place, Texas, \d98~ her,ebyfind aI,ld determine 'that each and all of the pro- c~e4ings, Jlere~.abov~" d~ly. JI!.~nt.ione4 .have been duly and legally taken and performed'in full canpliance with the law and the Charter and Ordinances of the City.of:WestUniv:ersity.Place, Texas, and th~t all px:ovisions and requirements of the law and. the said Charter and Ordinances prerequisite to the holding of a public hearing for the purpose of considering the &mending of Zoning Ordinance No. 111 have been made and fully complied with. Section 2. That the City Commission of the City of West University Place, 'Texas, does hereby find. and dete~_e. ,!-hay,a_ publ~c he~!~ng, fC?r. t!1.e purpose of considering an amendment to Ordinance No. .ill. so as to permit the construction by W. H. Marting on Lot 17 in Block 13, Monticello Addition, according to plans and specifications submitted by the said W. H. Marting, was duly held at 7:30 P.M. on June 1, 1951, in the City Hall of West University Place, Texas, in pursuance of the notice of such hearing duly and legally made in accordance with the ordinances of t!1e 9ity. ;1, ';:~',,:'~,: Section 3. That the report and recommendation of the Zoning and Planning Board of the City ot West University Place, Texas, that Ordinance No. 111 be amended so as to permit the proposed construction by W. H. Marting on Lot 17, in Block 13, Konticello Addition, in accordance wi'th the plans 981 ... l ~ r' .. '] r III ADO 981 HI i J L,_~..,I ,I~_,j, ". ,I ,j and ,spes:ifications submitted by,~hiJn for' such, construction is hereby approved and adopted. " ' :' , " , ".. -"'" ,,' Section ~ That Section ;26: of Ordinance No: .111' of the City of West University ce, Texas, is hereby amended by the addition of a sub-paragraph to'be,knollll'as Sub-paragraph No. (5) and to read as follows: . - . ~ tI(5). , Providecl;how8ver" that on Lot,17, in Block,l)., Monticello.Additionin the City of West University Place, . Texa~, improvements. _,..be constructed in': the rear yard. area "in accordance ,with the plans..and specifications, submitted in writing to the Zoning and Planning Board of the, City of. West University Place, Texas, by.. H.llarting ..on )lay 10, 1951." . . " ,. . - '. J.. ... Section r;. This ordina.nce:shall take effect-and be ;in. torce' immediately' upon;.its.passage by ,the 'City COlIUIli.ssion and approval by-"the Ilayor. . . t i J ~, . I PASSEDthis.ths.llth day of,',June, A. D. 1951.- COMMISSIONERS Hane:s, Mooney and Nisbet vnt.i ng aye. MAYOR' PRO. TEM Holman vnt.ing: no. APPROVED this the 11th day of ~June, A. D. 1951. .. ~ ' , -M' ~....' ' " ~", ',~~ '. ~. ~ ., / ,', ".'~~'.ayor '~~or the~~ity-~est' ,University- Place, Texas.' ATTEST: City-'Secretary. " I ;, ~.~. , ,~ ~..., '<A. City Attorney , ./' o o o