AN ORDINANCE GRANTING A REQUEST FOR A CONDITONAL USE PERMIT
FROM LEE B. AND JANEAN W HITTEN TO ALLOW FOR THE CREATION AND CONSTRUCTION
OF AN ACCESSORY BUILDING APPROXIMATELY 1,702 SQUARE FEET IN AREA CONSISTING
OF A THREE (3) CAR GARAGE WITH CARPORT AND A GAME ROOM WITHIN THE
ROOF STRUCTURE ON APPROXIMATELY 1.051 ACRES IN AN AREA ZONED "SF-7"
SINGLE FAMILY RESIDENTIAL WITHIN THE CITY LIMITS OF BASTROP, TEXAS;
SETTING OUT CONDITIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Lee B. and Janean Whitten, Bastrop, Texas,
(hereinafter referred to as the "Applicant"), filed a request
for a Conditional Use Permit on June 4, 2007 to allow for the creation
and construction of an accessory building approximately 1,702 square
feet in area consisting of a three (3) car garage with carport and
a game room within the roof structure on property generally located
at 1406 Jefferson Street and legally described as being a +/- 1.051
acre tract within Whitten Subdivision, Lot 1, City of Bastrop, Bastrop
County, Texas, in an area zoned "SF-7", Single Family Residential,
and
WHEREAS,
pursuant to Section 40.7.A.8 of the Zoning Ordinance of the City of
Bastrop, Texas, detached garages/carports larger than 650 square feet
may be located in areas zoned "SF-7", Single Family Residential,
pursuant to the terms of approved Conditional Use Permits; and
WHEREAS,
pursuant to Section 33 of the City's Zoning Ordinance of the City
of Bastrop, Texas, a public notice has been given, and a public hearing
was held on July 26, 2007, by the Planning and Zoning Commission (hereinafter
referred to as the "Commission") regarding the Applicant's
request for a Conditional Use Permit, and
WHEREAS,
following a public hearing on July 26, 2007, and consideration of
the evidence and testimony presented therein, the Commission recommended
approval of the Applicant's request for a Conditional Use Permit,
subject to certain conditions set forth herein; and
WHEREAS,
pursuant to Section 33 of the Zoning Ordinance of the City of Bastrop,
Texas, a public notice has been given, and a public hearing was held
August 14, 2007, by the City Council regarding the request for a Conditional
Use Permit by the Applicant; and
WHEREAS,
after consideration of the information presented, City Council finds
that it is in the public interest to approve the requested Conditional
Use Permit to provide for and allow the Applicant to create and construct
of an accessory building approximately 1,702 square feet in area consisting
of a three (3) car garage with carport and a game room within the
roof structure, in an area zoned "SF-7" Single Family Residential,
subject to conditions noted herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BASTROP THAT:
Part 1: That the
Conditional Use Permit requested by Lee B. and Janean Whitten, Bastrop,
Texas to allow for the creation and construction of an accessory building
approximately 1,702 square feet in area consisting of a three (3)
car garage with carport and a game room within the roof structure
in an area zoned "SF-7" Single Family Residential, on property
generally located at 1406 Jefferson Street and legally described as
being a +/- 1.051 acre tract within Whitten Subdivision, Lot 1, City
of Bastrop, Bastrop County, Texas, in an area zoned "SF-7",
Single Family Residential is hereby approved, subject to compliance
with the following conditions: 1. The material used to construct the
garage/carport with storage area is in compliance with the plans approved
by the Historic Landmark Commission on June 20, 2007 as a part of
the Certificate of Appropriateness ; and, 2. Construction shall be
in conformance with the City of Bastrop regulations; and, 3. The accessory
structure shall at no time be utilized as an accessory dwelling or
as a home occupation without written approval from the City.; and,
4. All necessary building permits for the proposed development shall
be acquired prior to construction.
Part 2: This ordinance
shall take effect upon passage and in accordance with the laws of
the State of Texas.
READ and ACKNOWLEDGED on
First Reading on the 14th day of August 2007.
READ and ACKNOWLEDGED on the Second Reading on the 28th day of August
2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APROVED
AS TO FORM :
Jo-Christy Brown
Brown & Carls, LLP
City Attorney
