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HomeMy WebLinkAboutORD 629 - ORD Finding & Determiining Prerequiste of Public Hearings l..ll! ~ r.: .. ;:'; _ :1. .l !4 , ORDTNANC'F, 'NOf f1?9 AN ORDINANCE FDIDING Am> DETERMINlNG THAT ALL THINGS HAVE BEEN nom: PREREQUISITE TO THE HOLDING OF TWO PUBLIC BEARINGS FOR THE PURPOSES OF (a) SUBDIVIDING LOT 3, AND THE WEST 1/2 OF LOT 2, BLOCK 41, WEST UNIVERSITY PLACE FIRST ADDITION, AND (b) MoDIFYING EXISTING ZONING RESTRICTIONS PERTAINING TO IMPROVEMENTS TO BE CO:NSTRUCTED ON THE NORTH 75 FEET OF rm 3, AND THE NORTH 75 FEET OF THE WEST 1/2 OF LOT 2, BLOCK 41; FIlmING Am> DETERMINING THAT SUCH PUBLIC HEARINGS HAVE BEEN DULY AND LEGALLY HELD AND THAT IT. IS TO THE BEST INTEREST OF THE PUBLIC THAT SUCH wrs BE SO SUBDIVIDED AND THAT THE APPLICATION OF MRS. W. M. - LAWRENCE FOR PERMISSION TO CONSTRUCT IMPROVEMENTS ON THE NORTH 75 FEET OF SAID AFFECTED LOTS SHOULD BE GRANTED; AMENDING ZONING ORDINANCE NO. lll~ BY RESUBDIVIDING LOT 3, AND THE WEST 1/2 OF, LOT 2, BLOCK 41, INTO THREE SEPARATE .ANI) ,SEGREGATED TRACTS; GRANTING AN ,EXCEPrION TO SECTION 8 OF ORDINANCE NO. 111, SO AS TO PERMIT THE CONSTRUCTION OF A DWELLING HOUSE WITH A SQUARE FOOT AREA OF IESS THAN 1600 SQUARE FEET; INSTRUCTING THE BUILDING PERMIT CIERK TO ISSUE BUILDING PERMIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, at a special mee"ting ef the Zening and Planning Beard ef the City 0.1' West University Place, Texas, held en the 30th day of July, 1952, Mrs~ W. M. Lawrence appeared and represented to. said Board that she was the owner ef' Lot Number Three (3), and the, West One-half ef Let Number Two (W.l/2 ef 2), Bleck Number Ferty'-ene (41), West University Place First Additien, and as the owner ef said lets, was requesting that said lots be subdivided so tha"t'she and her sen, George Grant Lawrence, ceuld censtruct a residence en the Nerth 75 feet the reef . Mrs. Lawrence exhibited to. said Zoning and Planning Beard a deed to. said lets wherein she as Grau'&or, had cenveyed to. her sen, as Grantee, 1ihe Nerth 75 feet ef said lots, it having been her inten"tien-in executing and, ~elivering said deed to. segregate from Let 3, and the West 1/2 ef' Let 2, Bleck 41, West University Place, First Additien, a let 75 feet by 150 feet, en the Nerth (rear) sid thereef, and facing en Rutgers Street, and that she had net realized "tha"t it was necessary under the zoning regulatiens ef the City of West University Place, Texas, to. secure the appreva.l ef the Zening and Planning Beard prier to. the subdivisien ef' lets in a pre-existing subdivisien. Mrs. Lawrence and her sen, Geerge Grant Lawrence, also. exhibited to the Zenilng and Planning Board, the plans and specificatiens ef the residence to be censtructed en the said segregated sec"tien in the event the Zening andP1a.nning Beard ap- preved the subdivisien ef Let 3, and the West 1/2 ef Lot 2, Bleck 41, West University Place, First Additien, as applied fer. At the invitatien ef Mrs. Lawrence the Zeningand Planning Board recessed from its regular sessien, and inspected the premises invelved in the application and in recenvened sessien, ,did un&nimeusly recemmend to. the City Cemmissien of the City ef 'West University Place, Texas, that a public hearing be called fer the purpese 0.1' determining whether er net said subdivisien should be granted, and did further recemmend to. said Cemmissien that in light ef the facts presented by "the applicant,. that the applicatien should after public hearing, be gran"ted; and' WHEREAS, the City Cemmissien of' the City ef West University Place, Texas, in recessed sessien at the City Ball on MOnday, August 4, 1952, did determine that a public he~ring sheuld be held in accerdance with the recemmendatiens ef the Zening and Planning Beard to. censider whether the City's zening ordi~nce sheuld be amended so. as to. permit the subdivision ef' said lets as applied fer '1 ~...J 't I I ~ :1 ~. (:. "l~: r: ! I \.-J I! I [ ,L' .' Of} .... -~. ~" !..,; , by Mrs. W. M. Lawrence, and did instrUct. the City Secretary to make advertise- ment as prescribed by er4inance for a public hearing to be held en Friday, August 22, 1952, at 7:30 p.m., in the Ceuncil Chambers at the Ci"ty Hall, to. censider the subd:lvisien ef said lets as requested by Mrs. W. M. Lawrence, and as recemmended by the Zoning and Planning Beard; and , , . WHEREAS, the City Secretary in accerdance with the instructiens given to. him by the 'City Commission, did advertise in the publicatien 0.1' the City en August 7, i952, and did giye wri"tten netice to the preperty ewners whese prep- erty lies within 200 feet of' said lets, ef a public hearing to. be held at the time and at tb,e place hereinbefere recited, to. determine whe"ther er net the Zening Ordinance 0.1' ,the City sheuld be 'amended so. aS,te permit said subdivisien said advertisement and netice having been given mere than ten (10) days pz:ior to the date ef' the said hearing; and WHEREAS, pursuant to. such netice, a public hearing was' held by "the City Commissien ef the City of' West University Place, Texas, in the City Hall Ceuncil Chambers, at 7:30 p.m. en Friday, August 22, 1952, at which hearipg, aU testimony and evidence was heard and evidence, beth fer and against the advis- ability and propriety of a.n,.endingOrdinance No.. 111, so. as to permit the sub- divisien ef Let 3, and the:West 1/2 ef Let 2, Bleck'41; West University Place, First Additien, as hereinbef'ere recited; helil,rd at said hearing were the ap- plicant, MI:s. W. M. Lawrence, her sen, Geerge Grant Lawrence, Mr. and Mrs. E., E. Fischer, and J. L. Gr~, ne~ghbers ef)frs. Lawrence, whese preperty lies within 200 feet ef' the aff'ected lets; an~ the City Atterney full questioned the'applicant cencerning the preperty rights 0.1' the let which weuld be segre- gated by said subdivisieu and the preperty rights, ef any future ewner ef the remaining pertiens ef Let 3 and the West 1/2 of Let 2, Bleck 41;,and it was develeped f'rem such questiening th2lt it weuld be necessary fer the City to. have an easement and Right-ef-way fer utility purposesacress the Nerth Five feet (N. 5 ,) ef Let 3, and the West 1/2 0.1' Let 2, 'Block 41, West University Place, First Additien; Thence Seuth aleng the Eastern beundary ef Let 3, to. the Seuth boundary line ef the prepesed segregated let; Thence West to. the West beundary line efLot 2" Bleck 41, West University Place, First Additien; that such right-ef-way was necessary in erder that public utilities"ceuld censtruct lines and lay pipe.to dweilingheuses new, er hereafter placed,upen the Seuth 124.2 feet ef Let 3, Bleck 41, West University Place First Addition witheut cressing the let which weuld be segregated frem Let 3, and the West 1/2 ef Lot 2, by the preposed subdivi~ien thereef. WHEREUPON, the City Commissien expressed its epinien "that any faverable action by the City Cemmissien of the applicatien ef Mrs. W. M.Lawrence as recemmended by the Zening and Planning Board would be centingent upen the granting ef such Richt-ef -way to "the Ci"ty. Mrs. Lawrence stated that she would censult with her atterney, Mr. Abney" and if it was agreeable with the ceuncil, she weuld prepese that the hearing be recessed until Menday, August ~5, 1952; WHEREUPON, the City Commissien, after metien'duly made and see ended, did recess said hearing until Monday, August'25, 1952, at 7:30 p.m; and WHEREAS, at a recess sessien 0.1' said public hearing held en Monday, August 25, 195~" at 7: 3Q p .lD:. in the Ceuncil Chambers 0.1' the City Hall, Mrs. Lawrence appeared~nd stated that she was having her atterney prepare a right- ef-way grant and easement to. the City ef West University Place, Texas, 0.1' the 'I. = ' t. I [.- ..__l~~~~~- 126 strip 'ef land hereinbefere described,'. ,WHEREUPON, with no f'urther matters to. 'lie "heard with reference to. the applicatien ef Mrs. Lawrence fer the subdivisien ef said lets, upen metien duly made and secended, said hearing was cle'sed; and ' :1 U , , , , ' WHEREAS, it appearing to. the City Cemmissien f:r:em the repert and recemmendatien ef the ~ening and ,Planning Board and frem the factsdeveleping at the public hearing and the recessed sessien thereef, that Let 3, and the West 1/2 0.1' Let 2, Bleck 41, West University Pla~E!, First Additien, sheuld be subdivided as ,applied fer by Mrs~ w. M. Lawrence, _ the City Cemmissien instructed its City Atterney to prepare the necessary erdinance to. effect the amendment ef Zening Ordinance No.. 111, but enly upen receipt frem Mrs. Lawrence ef' a Right-ef-way-deed satisfactery to. the City Atterney, granting unto. the City 0.1' West University Place, Texas, the Right-ef-way which the City Commissien feund to. be necessary fer ingress 0.1' utilities ente the remaining "Seuth pertiens 0.1' Let 3 and the West 1/2 of Let 2, Bleck 41, West University Place, First Additien; and ' WEEREAS, Mrs. W. M. ~wrence did en, er abeut the 3rd day 0.1' September, 1952, make applicatien to. the Building Permit Clerk ef the City ef West Uni- versity Place, f'er a permi"tte censtruct upen the North 75 feet ef Let 3 and - the Nerth-75 feet ef the West 1/2 ef'Let 2, Bleck 41, West 'University ,Place, First Additien, a dwelling,lieuse which centained a sqUare feet area ef less than 1600 feet, but mere than 1200 feet, and ef less than 51~ masonry censtruct- ien and said Building Permit Clerk did refuse to. issue a permit to. Mrs. W. M. Lawrence since the prqpesed building cenflicted :with existing zening erdinanc,es in two. particulars; and 1\ I I LJ WEEREAS, Mrs. W. M. Lawrence did make applicatien to. the Zening and Planning Board ef' the City ef' West University Place, Texas, :fer its recemmendatien to. the City Commissien f'er the granting ef' exceptiens to. the restrictiens as to. square feet area and as to. the percentage ef' masenry censtructien en the prepesed segregated le~ to. be fermedef'f ef the Werth 75 feet ef, Let 3, and 1h e West 1/2 ef Let 2, Bleck;4l, West University Place, First Additien, and the Zening and Planning Bcard, after fully considering the r~quest and application ef Mrs. W. M. Lawrence, did recemmend to the City Cemm:lssien that the request ef' Mrs. Lawrence with respect te1he type 0.1' dwelling to be censtructed en the let to. be fermed eff' ef the Nerth '75 feet ef Lot 3, and the Nerth 75 feet ef the West 1/2 0.1' Let 2, Bleck 41, West University Place, First Additien, be in all things granted; and - , - WHEREAS, at a regular: meeting ef "the City Cemmissien held en the 8th day ef September, 1952, the .recemmendatien ef' the Zening a-pd Planning Board that the exceptiens to. the applicable previsions 0.1' Ordinance No. lll,as applied fer by Mrs. Lawrence fer the censtruction ef such dwelling heuse was censidered, and the City Cemmissien being ef the epinien that a public hearing sheuld be held,fer the purpese ef' a pub;Lic censideration ef the exceptiens applied fer the City Cemmission did instruct the City Secretary to. advertise in theefficial publicatien ef the City and give written netice to. all preperty ewners whese preperty lies within 200 feet ef' the Let 3 and the West 1/2 ef Let 2, Bleck 41, We,st University Place First Additien, ef a public hearing to. be held at II 7.:30 p.m., Menday, -September 29, 1952, at the 'Ceuncil Chambers ef the City Hall i I to. determine whether Zening Ordinance NQ. 111 sheuld be amended so. as to. per- U mit the censtructien applied fer by Mrs. Lawrence; and [ ,: , , L.J [' 127 WHEREAS, pursuant to. the instructiens given to. him by the City Commissien and in accerdance with the erdinance ef the City, the Secretary did cause to. be published in The Heusten Chrenicle on September 11, 1952, and did mail to. each 0.1' the ewners ef said preperty lying ,within 200 f'eet ef said lets, a ne- tice ef a public hearing to. be held at the Ceuncil Chambers ef the City Hall at 7:30 p.m., Menday, September 29, 1952, such advertisement and netices hav- ing 'been given more than ten days prier to. said hearing; and WHEREAS, pursuant to. such netice, hearing was held by the City Cemmissien ef the City o.f West University Place, Texas, at 7:30 p.m., Monday, September 29, 1952, at which hearing, Mrs. W. M. La.wrence and her sen, Geerge Grant La.wre~ce appeared and also. appeared and were heard, G. Reid'Hedgsen and J. L. Graham; ,and Mrs. lawrence did exhibi,t to. the City Cemmissien and to. all present at said hearing, the, plans and specif'icatiens showing the prepesed dwelling ho.use to. consist 0.1' apprexima.tely 1400 square feet with less than 51~ masenry, but with brick trim areund the lower 4i feet ef the exterier 0.1' the preposed dwelling heuse, and.the City Cemmission having heard thetestimeny and evidence effered fer and en behalf ef the applicatien and these appearing in eppesitien thereto. and having examined the plans and specificatiens as submitted by Mrs. Lawrence" was 0.1' the epinion. that permissien sheuld be granted fer the cen- structien ef' said dwelling house to. censist ef less than 1600, square feet, but that the applicatien fer censtructien ef said' dwelling heuse with less than 5l~ masenry sheuld in all things be denied. There being no. further testimeny to. be eff'ered, upen motien duly made and secended, said public hearing was clesed and the City Commissien in regular recessed sessien fellowing the clesing ef said public hearing, upen metien duly made and secended, did 1nstruct its City Atterney to. prepare the necessary erdinance amending Zening Ordinance No.. 111, so. as to. permit the censtructien en th~ Nerth 75 f'eet ef Let 3, and the Nerth 75 feet 0.1' the West 1/2 ef Let 2, Bleck 41, West University Place, First Additien, of a dwelling heuse to. censist ef less than 1600 square feet, but mere than 1200 square feet as applied for by Mrs. W. M. Lawrence, but to. cen- sist ef at least 51% masenry exterior and said dwelling heuse to. be in accerd- ance with the plans and specif'ica"tions submitted by Mrs. W. M. lawrence medified h9wever, by the additienal ma.so.nry censtructien so. as to. cenf'erm with existing Zening regulatiens pertaining thereto.; and said Ceuncil did further instruct said City Atterney to. present said Ordinance fer the acceptance ef the City Cemmissien enly en his being satisfied that Mrs. lawrence had dedicated a Right-ef~way and easement to. the City f'er public utility purpeses as hereinbe- fere recited; and WHEREAS, the said Mrs. W. M. lawrenceand her' sen, Geerge Grant lawrence, by Right-ef-Way Deed dated the "day ef November, 1952, did grant unto. the City,ef West University Place, Texas, a Right-of-Way fer public utility pur- peses as specifically described in said deed which the City has caused to. be recerded under File No.. -1066217, in the effice ef' the County Clerk 0.1' Harris Ceunty, Texas, and it appearing to. the City Cemmission that all prerequisites have heretefere been met preliminary to. the granting ef the two. exceptions to. the existing zening ordinances ef the City as applied for by Mrs,. W. M. lawrence and her sen, Geerge Grant lawrence, all as hereinbefere recited and the City Cemmissien being desireus a"t this time to. amend zening erdinance so. as to. per- mit the subdivisien ef said lets and the canstructien 0.1' the imprevements all as hereinbeefre recited and believing that it is to. the public interest to. so. amend Ordinance No. 111: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: r..' .. ...-. --l! J 1 ,Jj I] L ,j 128 Sectien 1: That the City Cemmission 0.1' the Cityef West University Place Texas, dees hereby find and determine that each and all ef the steps and preceedings hereinbefere recited and :mentiened, have been duly and le- gally taken and pe~ermed in full compliance wi;th the laws, Charter and Ordi- nances 0.1' the City, and that all previsiens 0.1' the law, and 0.1' the Charter and Ordinances prerequisite to. the publ~c hear&ng fer the purpese 0.1' amending Zening Ordinance No.. III having been nie~ and fully cemplied with and said public hearings, as hereinbefere recited, held fer the purpeseef censidering the amendments 'hereinafter made" have been held at the time and at the place, as hereinbefere recited and enly after, public notice given as prescribed by erdinance. 'I ! LJ Sectien 2:' That the City Cemmissien 0.1' the City ef ,West University Place, Texas, does hereby again find 'that Sectiens 6'and 24 0.1' the Zening Ordinance No.. 111, sheuld be amended so. as to permit "the subdlvisien of Lot 3, and the West 1/2 ef Lot 2, Bleck 41, West University Place First Additien, and so. as to. permit the construction en the Nertn 75 feet ef Lot 3, and the Nerth 75 feet ef the West 1/2 ef Let 2, Bleck 41, West University Place First' Additien, '0.1' a dwelling house with a square f'eet area 0.1' less than 1600 square feet, but mere than 1200 square f'eet', and with cOnstructien ef mere than 5l~ masenry in accerdance with plans :and, specificatiens submitt.ed by Mrs. W. M. Lawrence. ' Sectien ~: That Sectien 24 0.1' Ordinance No.. ill, ef the City is hereby amended by theadditien efa sub paragraph to. be knowri and numbered as sub- paragraph 17,. to. read as fellevs: "(17) Let 3, ,and the ,West 1/2 ef Let 2, Bleck 41, West University Place, First Additien~ is hereby subdivided by the segregatien of the Nerth 75 f'eet ef' Let 3, and the Nerth 75 feet ef the West 1/2 ef Let 2, Bleck 41, West University Place, First~Add:itien, f'rem the remainder ef said lets, into. a let 75 feet in width frenting on Rutger.s Street so. that hereafter said lets as so. s~bdivided will censist ef three lets,.te-wit: (a) A let 75 feet measured Nerth to. Seuth, and 150 feet measured East to. West eff 0.1' the Nerth 75 feet ef'Lo"t 3, and the North 75 feet ef ,"the West 1/2 0.1' Let 2, Bleck 41, We~ University Place, First Additien, frenting en Rutgers Street. :l , I ~--' ,(-b) The S'QU.th 124.2 feet ef' -Let 3,- Bleck 41, West University Place First Additien, frenting en Bellaire Beulevard.- (c) Let 2, Bleck 41, YIestUniversity Place First Additien hereafter to. censist 0.1' a let 'wi-th dimensions al? fellews; , Beginning at the Seutheast cerner ef Let 3"Bleck 41, West University Place First Addition, en BellaireBlvd; Thence East 100, feet to. the'Seuthvest cerner ef Let 1, , Bleck 41, West University Place First Additien; Thence' Nerth with the West beundary line ef Let 1, to. the Nerthwest'cerner e'f Let 1; Thence" 'l1~s.t a "distance ef50 feet to. the NeI1theast cerner ef'Tract (a) immediately hereinabove described; Thenc, Seuth a distance of 75 feet to ~he Seutheast cerner (I ~ ,-, I 1 I : I ! ,~ o n I i 'L) 129 0.1' said Tract (a) hereinabeve described; Thence West with the Seuth beundary line ef said Tract (a) a distance 0.1' 50 feet to. the West beundary line ef said Let 3 hereinbef'ere described as Tract (b); Thence Seuthte the place ef beginn,ing All 0.1' said lets, hewever, being subject to. that certain Right-ef-way Grant dated Octeber 2, 1952 , filed in the effice ef the Ceunty Clerk ef' Harris Ceunty, Texas, under 'File No.. 1066217, to. which 'instrument and the recerd thereef, reference is here made 'fer all purpeses.1l - / and Sectien 6, ef' Ordinance No. 111, is hereby amended by "the addition ef a sub paragraph to. be knewu and numbered as sub paragraph (c) to. read as fellews: "On Tract (a) described in subparagraph (17), Sectien 24 ef Ordinance No.. lll,a main dwellingheuse may be censtructed to. censist ef mere than 51% masonry and with a square feet area ef less than 1600 square feet, but more than 1200 square feet in accerdance with the plans and specificatiens submitted to. the City Commissien 0.1' the City ef' West University Place, Texas, en September 29, 1952, by Mrs.W. M. Lawrence.1I Sectien 4: The City Building Permit Clerk is 'hereby instructed to. ism e building permit in accerdance with the amendment last hereinabeve previded fer. Sectien 5: This erdinance shall take"effect and be in ferce and effect immediately upon its passage bY,"the City CemmissieD. and appreval by the Mayer. PASSED, this 8th day of December,' 1952, All Cemmissieners veting tlAye!'. APPROVED, thif? 8th day ef' December, A. D., 1952. , , ~ //#t~~., Edwin W. Merris,' Mayer, Gity ef West t]niversity Place, Texas' ATTEST: J ry APPROVED AS TO FORM: City Atterney .~ - I' ....., '.'1 " ITf --I