AN
ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO CHARLES AND CYNTHIA
PENCE TO ALLOW FOR THE CONSTRUCTION OF A GARAGE/CARPORT 1,008 SQUARE
FEET IN SIZE WITH A STORAGE AREA ON APPROXIMATELY 0.232 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,
Charles and Cynthia Pence, Bastrop, Texas, (hereinafter referred to
as the “Applicant”), filed a request for a Conditional
Use Permit on January 18, 2007 to allow for construction of a garage/carport
1,008 square feet in size with a storage area on property generally
located at 1102 Hill Street and legally described as being a +/- 0.232
acre tract within Building Block 30 East of Water Street in 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 February 22, 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 February 22, 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
March 13, 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 construct a garage/carport
1,008 square feet in size with a storage area, 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 Charles and Cynthia Pence, Bastrop,
Texas to allow for the construction of a garage/carport 1,008 square
feet in size with a storage area in an area zoned “SF-7”
Single Family Residential, on property generally located at 1102 Hill
Street and legally described as being a +/- 0.232 acre tract within
Building Block 30 East of Water Street, 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 January 24, 2007 as a part of the Certificate of Appropriateness;
and, 2. Construction shall be in conformance with the City of Bastrop
regulations.
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 13th day of March 2007.
READ and ACKNOWLEDGED
on the Second Reading on the 21st day of March 2007.
APPROVED:

By: Tom Scott
Mayor
ATTEST:

Teresa Valdez
City Secretary
APPROVED
AS TO FORM:
Jo-Christy Brown
Brown & Carls, LLP
City Attorney