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HomeMy WebLinkAboutPO 6491: SPECIFIC USE PERMIT (Z15-05 - NORMA ALVERENGA) SUP#225 P.O.NO.6491 09/23/2015—PDL Page 1 of 5 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, P.O.NO.6491 09/23/2015—PDL Page 2 of 5 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 P.O.NO.6491 09/23/2015—PDL Page 3 of 5 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 P.O.NO.6491 09/23/2015—PDL Page 4 of 5 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 P.O.NO.6491 09/23/2015–PDL Page 5 of 5 Exhibit "A" T —'' PROCTOR — — I al is co' 1 3�0' r 1:30. 65' ss' I j o' 1 t co' :30';1!' 1 N N m z ( 22 1 1 �- • PRO T dTbR Exp \Is O NF SAINT I N T ' ST ET '2 3<4 ( I -�' _. L_.� . `l 4 TH t y._1 STf�EET SN 12 13 �" E -- I - ----- , O ._. • 1 Imo... cL - � • JOSEPH 3 4 1 ( IION (, ADDIf I r �` .�' 70 L .p' .. 1.. IAO' 6 5' , d o, i i 1 i • 130 kI JO I Ofl' --— 0 3 R D 3 �� 127 128' — 50 IDD' 93.84' _ .. - N N I v a % 4 I . '1 'ot e* ,0 G. P =1 '� :n w - � fil s R ♦ � n ,. 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