HomeMy WebLinkAboutPO 6491: SPECIFIC USE PERMIT (Z15-05 - NORMA ALVERENGA) SUP#225 P.O.NO.6491
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ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE
CITY OF PORT ARTHUR BY GRANTING SPECIFIC USE PERMIT 225
(SUP #225) FOR 0.1791 ACRE OF LAND CONSISTING OF THE W65' OF
S120' OF S240' OF LOT 2, BLOCK TR8, PROCTER EXTENSION [A.K.A.
4115 3RD STREET], PORT ARTHUR, JEFFERSON COUNTY, TEXAS
FOR THE USE OF A GARAGE APARTMENT AS A SECOND
DWELLING IN A SINGLE FAMILY ZONED DISTRICT (VIOLATION
OF THIS ORDINANCE OR THE ZONING ORDINANCE OF THE CITY
OF PORT ARTHUR IS PUNISHABLE AS PROVIDED IN SECTION 1-13
OF THE CODE OF ORDINANCES AS AMENDED BY FINE NOT
EXCEEDING TWO THOUSAND [$2,000] DOLLARS); AND PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY
OF PORT ARTHUR AND EFFECTIVE IMMEDIATELY AFTER
PUBLICATION DATE.
(Z15-05—NORMA ALVARENGA)
SUP #225
WHEREAS, all requirements of Article XI of the Charter and the Zoning Ordinance of
the City of Port Arthur, Texas, including Local Government Code, Sections 211.006 and
211.007, having been fulfilled, the City Council held a public hearing September 15, 2015 at
6:00 p.m.; and,
WHEREAS, the proposed change may be protested in accordance with subsection (d) of
said Section 211.006; and,
WHEREAS, having received and considered the recommendation of the Planning and
Zoning Commission that the proposed change be denied; and,
WHEREAS, subsections (d) and (f) of Section 211.006 Local Government Code and
Section 24-105 of the City Zoning Ordinance are applicable for the proposed change to take
effect; and,
WHEREAS, the above laws require the affirmative vote of three-fourths of all members
of the City Council (i.e. at least seven [7] members) if the proposed change is protested in
writing and signed by the owners of at least 20% of either: (1)the area of the lots or land covered
by the proposed change; or(2)the area of lots or land immediately adjoining the area covered by
the proposed change and extending 200 feet from that area; and,
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WHEREAS, in this particular case, the Planning and Zoning Commission recommended
the request be denied, while only one (1) property owner, accounting for less than 20% of the
area of lots or land immediately adjoining the area covered by the proposed change and
extending 200 feet from that area, protested this request, therefore, a three-fourths affirmative
vote of all members of the City Council is needed; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
SECTION 1. That Specific Use Permit No. 225 be granted to allow for the use of a
garage apartment as a second dwelling in a Single Family "SF" Zoned District on the following
tract of land:
0.1791 ACRE OF LAND CONSISTING OF THE
W65' OF S120' OF S240' OF LOT 2, BLOCK TR8,
PROCTER EXTENSION [A.K.A. 4115 3RD STREET],
PORT ARTHUR,JEFFERSON COUNTY, TEXAS
EXHIBIT "A"
SECTION 2. That the Building Official and the Director of Planning are authorized and
directed to make all necessary changes to the "Zoning Map, City of Port Arthur, Texas," on file
in the offices of the Building Official and the Planning and Zoning Division, so as to reflect on
said Map, the changes hereby made in conformity with the legend of said Map.
SECTION 3. That if any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and
such holding shall not affect the validity of the remaining portions hereof.
SECTION 4. That all ordinances and parts of ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
SECTION 5. That any person, firm or corporation who violates any provision of this
Ordinance or the City's Zoning Ordinance shall be guilty of a misdemeanor and shall be
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punished by a fine not exceeding Two Thousand ($2,000) Dollars as provided in Section 1-13 of
the Code of Ordinances, and each day such violation shall be permitted to exist shall constitute a
separate offense.
SECTION 6. That this ordinance or its caption and penalty shall be published at least
one (1) time within ten (10) days after final passage hereof in the official newspaper of the City
of Port Arthur. This Ordinance shall take effect immediately after the date of such publication.
SECTION 7. That because Section 24-105 of the Zoning Ordinance does not apply,
three-fourths majority vote (seven (7) votes) will be required to adopt this Ordinance.
READ, ADOPTED AND APPROVED this _ day of September A.D., 2015 at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following votes:
AYES:
MAYOR:
COUNCILMEMBERS:
NOES:
Debris "Bobbie" Prince, Mayor
ATTEST:
Sherri Bellard, City Secretary
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APPROVED FOR ADMINISTRATION:
BriancDougal, City Manager
7(,
0-. 1-6/m67,.r7-
Toy_ Ronald "Ron" Burton, Director of Development Services
APPROVED AS TO FORM:
City Atto --y
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Exhibit "A"
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