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Ordinance 2007- 25


ORDINANCE NO. 2007- 25


AN ORDINANCE GRANTING A CONDITONAL USE PERMIT TO GONZALO AND PHYLISS GONZALES TO ALLOW FOR A MANUFACTURED HOME TO BE PLACED AT 706 LINDEN STREET. ON APPROXIMATELY 0.475 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, Gonzalo and Phyliss Gonzales, Bastrop, Texas, (hereinafter referred to as the "Applicant"), filed a request for a Conditional Use Permit on July 20, 2007 to allow for a manufactured home to be placed at 706 Linden Street. The property is located on the north side of Linden Street approximately 200 feet east of Water Street, Farm Lot 7 East of Main Street , 0.475 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 the City of Bastrop Zoning Ordinance requires a Conditional Use Permit for a manufactured home to be placed in a area zoned"SF-7" single family residential. The property owners are proposing to place a 28 x 38 used manufactured house at 706 Linden Street and remove the existing 28 x 32 frame house; 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 August 30, 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 August 30, 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 September 11, 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 allow for a manufactured home to be placed in a area zoned "SF-7" single family residential at 706 Linden Street, 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 Gonzalo and Phyliss Gonzales, Bastrop, Texas to allow for a manufactured home to be placed at 706 Linden Street. in an area zoned "SF-7" Single Family Residential, on property generally located at 706 Linden Street and legally described as being a +/- 0.475 of an acre tract located within Farm Lot 7 East of Main 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 manufactured house shall be HUD-code manufactured home unit. 2. The manufactured house is anchored at the time of installation to insure against natural hazards such as tornadoes, high winds, and electrical storms, according to the Building Code. 3. The manufactured home if not attached to a permanent foundation shall provide weather resistant skirting, at the time of the installation, from the top of the unit's frame to the grade. Skirting shall totally enclose and secure from view the unit's axle and all required anchors, footings, and piers. 4. Two (2) off street parking spares must be provided. SF-7 requires 2 covered spaces must be covered (carport/garage) and must meet the setback requirements. A building permit must be submitted for this carport or garage within two (2) months from the date the manufactured home was installed. The carport or garage must be built within six (6) months from the date the manufactured home was installed. 5. The manufactured home must have a minimum floor area of one thousand (1000) square feet. 6. The manufactured home must have a minimum width of at least twenty-eight feet (28). 7. The manufactured home shall have a gabled entry or other such break in the facade or roof line. 8. All required skirting shall be of a texture and color similar to materials used in the construction of the manufactured home. 9. The main roof shall be pitched, rather than flat. 10. The hitch must be removed. 11. The manufactured home must be sited with its longest dimension parallel to the street. 12. The exterior finish cannot have a high-gloss finish. The exterior walls shall look like wood or masonry, no metal in appearance. 13. All necessary building permits for the proposed development shall be acquired within one (1) year of approval and 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 11th day of September 2007.
READ and ACKNOWLEDGED on the Second Reading on the 25th day of September 2007.

APPROVED:

Mayor Tom Scott's signature.

By: Tom Scott
Mayor

ATTEST:
City Secretary's signature, Teresa Valdez.
Teresa Valdez
City Secretary

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