HomeMy WebLinkAboutO-2015-3578 SCUP#15-91000001;227 South Y Street-purpose of constructing a secondary dwelling unit ORDINANCE NO. X15- 667q
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, CHAPTER 106, MORE COMMONLY REFERRED TO AS THE ZONING
ORDINANCE OF THE CITY OF LA PORTE, BY GRANTING SPECIAL
CONDITIONAL USE PERMIT NO. 15-91000001 FOR THAT CERTAIN PARCEL OF
LAND HEREIN DESCRIBED, FOR THE PURPOSE OF CONSTRUCTING A
SECONDARY DWELLING UNIT AT 227 SOUTH Y STREET; MAKING CERTAIN
FINDINGS OF FACT RELATED TO THE SUBJECT; CONTAINING A
SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1. Chapter 106 "Zoning" of the Code of Ordinances is hereby amended by granting
Special Conditional Use Permit#15-91000001, attached hereto as Exhibit A and incorporated by
reference for all purposes, to allow for the construction of a 1,984 square foot secondary
dwelling unit on property located at 227 South Y Street, further described as Lots 9 and 10,
Block 1, Oakhurst Subdivision, City of La Porte, Harris County, Texas, within a Low Density
Residential(R-1) zoning district.
Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
Section 3. Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 4. The City Council officially finds, determines, recites and declares that a sufficient
written notice of the date, hour, place and subject of this meeting of the City Council is posted at
a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has
been open to the public as required by law at all times during which this ordinance and the
subject matter thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5. The City Council of the City of La Porte hereby finds that public notice was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
Section 6. The City Council of the City of La Porte hereby finds, determines, and declares that
all prerequisites of law have been satisfied and hereby determines and declares that the
amendments to the City of La Porte Zoning Classification contained in this Ordinance as
amendments thereto are desirable and in furtherance of the goals and objectives stated in the City
of La Porte's Comprehensive Plan.
Section 7. This ordinance shall be effective after its passage and approval.
1�PASSED AND APPROVED this the l
� day of MAY, 2015.
CITY OF L P RTE
By:
LouiS"
R. gby, Ma or
ATT ST:
Patrice Fogarty, Cit ecret
APPROVED:
fz,gz� -r-
Clark Askins, Assistant City Attorney
EXHIBIT A
City of La Porte
Special Conditional Use Permit#15-91000001
This permit is issued to: Rhonda Carraway
Owner or Agent
227 S. Y Street
Address
For Development o£ Secondary Dwelling Unit
Development Name
227 S.Y Street,LaPorte,TX 77571
Address
Legal Description: Lots 9 and 10,Block 1,Oakhurst Subdivision
Zoning: R-1,Low Density Residential
Use: Single Family Residential, Secondary Dwelling Unit
Permit Conditions:
This Special Conditional Use Permit is applicable for the subject property. A copy of which shall be maintained
in the files of the City's Planning and Development Department upon approval.Project development shall be in
accordance with the following conditions:
1. All necessary documentation for building permit review must be submitted in conjunction with
the city's building permit application process.
2. The plan shall comply with all applicable provisions of Chapter 106,"Zoning"of the City's
Code of Ordinances and all other department reviews and applicable laws and ordinances of the
City of La Porte and the State of Texas.
3. The proposed secondary dwelling unit shall only be used for residential purposes.
Failure to occupy the building within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the pen-nit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated,the ordinance establishing such special conditional use permit may be rescinded
by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of
the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped. ?
Validation Date: ? G
Direc r of lanning City Sec e ry