AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO LEROY AND JUDY SIEVERS TO ALLOW FOR THE RECONSTRUCTION OF A GARAGE/APARTMENT APPROXIMATELY 1250 SQUARE FEET IN SIZE ON +/- 0.466 ACRES OUT OF FARM LOT 3 EAST OF MAIN STREET KNOWN AS 801 CYPRESS STREET IN THE CITY LIMITS OF BASTROP, TEXAS; SETTING OUT CONDITIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Leroy and Judy Sievers (hereinafter referred to as the "Applicant"), filed a request for a Conditional Use Permit on April 9, 2008 to allow for reconstruction of a garage/apartment, approximately 1,250 square feet in size, generally located at 801 Cypress Street and legally described as being a +/-0.466 acre tract within Farm Lot 3 East of Main Street in the city limits of Bastrop, Texas in an area zoned "SF7", 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 and Section 40, Accessory Dwellings, may be located in areas zoned "SF7", Single Family Residential, pursuant to terms of an approved Conditional Use Permit; 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 on May 29, 2008, 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 May 29, 2008, 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 on June 10, 2008, 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 for reconstruction of a garage/apartment, approximately 1,250 square feet in size, generally located at 801 Cypress Street and legally described as being a +/-0.466 acre tract within Farm Lot 3 East of Main Street in the city limits of Bastrop, Texas in an area zoned "SF7", 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 Leroy and Judy Sievers to allow for the reconstruction of garage/apartment, approximately 1,250 square feet in size, generally located at 801 Cypress Street and legally described as being a +/-0.466 acre tract within Farm Lot 3 East of Main Street in the city limits of Bastrop, Texas in an area zoned "SF7", Single Family Residential is hereby approved , subject to compliance with the following conditions:
- The material that is used to construct the garage/ apartment dwelling be of molded cementious fiber panel material that complements the main structure.
- Construction shall be in conformance with the City of Bastrop regulations. 3. 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 10th day of June 2008.
READ and ACKNOWLEDGED on the Second Reading on the 24th day of June 2008
APPROVED:
Terry Orr,
Mayor
ATTEST:
Teresa Valdez
City Secretary
