HomeMy WebLinkAboutORD 572 - ORD Amending Zoning ORd 111 Permit the Construction of Improvements
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'0RDlNANCE BO'. 572
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~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
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.FOR THE PURPOSE 'OF'CONSmERINO:SUCH- AJLENDJIENT-HAS BEEN"DULY AND
LEGALLY HEIDi' APPROVINGl.BD "!DOPrING . THE' REP0RTAND'~ RECOMMENDA-
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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
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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' . .
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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
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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:
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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.
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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
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and ,spes:ifications submitted by,~hiJn for' such, construction is hereby
approved and adopted. " ' :' , "
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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:
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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."
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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.
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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.
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,', ".'~~'.ayor '~~or the~~ity-~est'
,University- Place, Texas.'
ATTEST:
City-'Secretary.
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City Attorney ,
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