AN ORDINANCE GRANTING A REQUEST FOR A CONDITONAL USE PERMIT
FROM JOE AND NANCY BEAL TO ALLOW FOR THE CREATION AND CONSTRUCTION
OF A 360 SQUARE FOOT EXPANSION TO AN EXISTING 1,609 SQUARE FOOT ACCESSORY
STRUCTURE. ON APPROXIMATELY 0.900 OF AN ACRE 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, Joe and Nancy Beal, Bastrop, Texas, (hereinafter
referred to as the "Applicant"), filed a request for a Conditional
Use Permit on June 28, 2007 to allow for the creation and construction
of a 360 square foot expansion to an existing 1,609 square foot accessory
structure. The property is located on the southeast corner of Pecan
and Buttonwood Streets, the address is 1311 Pecan Street. The subject
property is a single family residential tract located within Farm
Lots 17 and 18, East of Water Street 0.900 of an acre within the city
limits of the City of Bastrop, Texas. The tract is currently zoned
SF-7; Single Family Residential ; and
WHEREAS, pursuant
to Section 36, Use Regulation, of Zoning Ordinance requires a Conditional
Use Permit for accessory structure 240 square feet or more in area.
The property owners are proposing to attach the 360 square foot `home
office' to the existing guest house with an arbor and deck in the
southeast corner of the property thus creating one accessory structure
1,969 square feet in area, 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 360 square foot expansion to an existing 1,609 square foot accessory
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 Joe and Nancy Beal, Bastrop, Texas
to allow for the creation and construction of a 360 square foot expansion
to an existing 1,609 square foot accessory structure in an area zoned
"SF-7" Single Family Residential, on property generally
located at 1311 Pecan Street and legally described as being a +/-
0.900 of an acre tract located within Farm Lots 17 and 18, East of
Water Street, 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 office addition is in compliance with the plans approved
by the Historic Landmark Commission on July 25, 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
