AN
ORDINANCE GRANTING A REQUEST FOR A CONDITONAL USE PERMIT FROM LAMAR
AND JENNIFER OZLEY TO ALLOW FOR THE CONSTRUCTION OF A GARAGE 750 SQUARE
FEET IN AREA AND THE USE OF AN ACCESSORY DWELLING OVER SAID GARAGE
ON
APPROXIMATELY 0.424 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,
Lamar and Jennifer Ozley, Bastrop, Texas, (hereinafter referred to
as the "Applicant"), filed a request for a Conditional Use
Permit on October 25, 2006 to allow for construction of a garage 750
square feet in area and the use of an accessory dwelling over said
garage approximately 724 square feet in size on property generally
located at 1402 Jefferson and legally described as being a +/- 0.424
acre tract within Farm Lot, Block 17 East of Main Street in Bastrop,
Bastrop County, Texas, in an area zoned "SF7", Single Family
Residential; and
WHEREAS,
pursuant to Section 33 of the Zoning Ordinance of the City of Bastrop,
Texas, accessory dwellings 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 November 30, 2006, 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 November 30, 2006, 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
December 12, 2006, 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 the construction
of a garage of a garage 750 square feet in area and the use of an
accessory dwelling over said garage, approximately 724 square feet
in size, 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 Lamar and Jennifer Ozley,
Bastrop, Texas, to allow for the construction of a garage 750 square
feet in area and the use of an accessory dwelling over said garage
in an area zoned "SF-7" Single Family Residential approximately
724 square feet in size, on property generally located at 1702 Pecan
Street and legally described as being a +/- 0.424 acre tract within
Farm Lot, Block 17 East of Main Street, Bastrop, Bastrop County, Texas,
in an area zoned "SF-7", Single Family Residential is hereby
approved, subject to compliance with the following condition:
1.The
addition must maintain the side yard setback of ten (10) feet
as required in the "SF-7", Single Family Residential,
or as approved by the Board of Adjustment.
2.The addition must be constructed of molded cementious fiber
panel material that complements the main structure and that
the construction is in conformance with the City_ of Bastrop
regulations.
3. The existing driveway to the carport must be removed after
new garage is constructed.
4. The construction must be in general conformance with the
photographs and sketches attached as Exhibit A.
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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 12th day of December 2006.
READ and ACKNOWLEDGED on the Second Reading on the 9th day of January
2007.
APPROVED:
By: Tom Scott
Mayor
ATTEST:
Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
Brown & Carls, LLP
City Attorney
