12172001 Regular Meeting - Laserfiche WebLink

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212. Regular Meeting December 17,2001 Page 5 Mayor Chiu introduced for consideration the reconsideration of Zoning Ordinance. The Council did wish to reconsider the Ordinance, the caption which was read as follows: AN ORDINACE OF THE CITY COUCIL OF THE CITY OF SAN MARCOS, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY BY REZONING A PORTION OF LOT 8, BLOCK 5 OF THE D.S. COMBS ADDITION, LOCATED AT 502 CENTRE STREET, FROM "M" SINGLE- FAMILY, DUPLEX AND NEIGHBORHOOD BUSINESS DISTRICT TO "MR" MOBILE HOME AND RESIDENTIAL DISTRICT; INCLUDING PROCEDURAL PROVISIONS; AND PROVIDING FOR PENALTIES. Mr. Cox made a motion for reconsideration and seconded by Mr. Mayhew, On roll call the following vote was recorded: AYE: Mihalkanin, Montoya, Hughson, Cox, Mayhew. NAY: Chiu, Tatum. ABSTAIN: None. Mr. Mihalkanin made a motion to adopt the Ordinance and seconded by Ms. Tatum. Mr. Cox asked Mr. Patterson to review his memo to the Council. Mr. Patterson stated Mrs. Williams had a persistent mold problem in her house and after a thorough cleaning, tests showed mold spores remained, so she settled with her insurance company. Mrs. Williams has expressed desire to tear down her house and bring in a manufactured home, and her property is zoned "M". In order for her to put a manufactured home on her property it would need to be rezoned to "MR". The Planning and Zoning Commission voted to deny the request. Mr. Patterson also stated there are three different options available to the Council: no reconsideration of the case, reconsider the case and uphold the recommendation of the Planning and Zoning Commission, and delay consideration of the case and instruct staff to make specific changes to the Ordinance. Ms. Tatum asked Mr. Patterson what areas are zoned for "MR". Mr. Patterson stated there are some areas zoned "MR" off Post Road and River Road. Ms. Tatum stated the Council needs to find ways to help the citizens and make exceptions in special situations until affordable housing can be found, and does not think this would be a negative impact on the neighborhood. Mr. Mayhew stated allowing this rezoning change would be setting precedent and did not feel this would be a good thing for the Council to do. Mr. Cox asked Mr. Patterson if this change would be in line with the Sector Plan. Mr. Patterson stated the plan does not allow spot zoning and for those mobile homes, which were grandfathered, they either move them out or replace them with stick built homes. Mayor Chiu asked if Mrs. Williams would like to speak about her situation. Mrs. Willams stated she would like to continue living on her property and cannot continue living in her existing home and would like to replace it with a manufactured home. Mr. Cox stated the Council needs to be making decisions based on Ordinances. Mr. Taylor reminded the Council, Planning and Zoning had denied Mrs. Williams' request and it would take 6 votes to approve. On roll call the following vote was recorded: