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RESOLUTION NO. 1981-55R
<br />
<br />A RESOLUTION OF THE CITY COUNCIL OF THE
<br />CITY OF SAN MARCOS, TEXAS, GRANTING A
<br />VARIANCE FROM APPENDIX B ENTITLED "AIR-
<br />PORT ZONING REGULATIONS" OF THE CODE OF
<br />ORDINANCES OF THE CITY OF SAN MARCOS,
<br />TEXAS, TO PERMIT THE CONSTRUCTION OF A
<br />BUILDING ON LOTS 1, 2 AND 3 OF THE MUNIC-
<br />IPAL AIRPORT SUBDIVISION IN THE CITY oF
<br />SAN MARCOS, HAYS COUNTY, TEXAS AND DECLARING
<br />AN EFFECTIVE DATE.
<br />
<br /> WHEREAS, Dana Corporation acting through its subsidiary
<br />Shannon Properties International, Inc., desires to acquire Lots
<br />1, 2 and 3, Municipal Airport SubdiVision, in the City of San
<br />Marcos, Hays County, Texas and construct thereon a warehousing
<br />and manufacturing facility (the "Building"); and,
<br />
<br /> WHEREAS, construction of the Building is presently prohibited
<br />by the height restrictions set forth in the plat of the Airport
<br />Hazard Area for the San Marcos Municipal Airport as said airport
<br />was known on November 30, 1954, and which airport is currently
<br />known as Lc~man Airport, which plat was adopted by ordinance dated
<br />August 31, 1981 as the plat referred to in Section 3 of Appendix
<br />B, entitled "Airport Zoning Regulations" of the Code of Ordinances
<br />of the City of San Marcos, Texas, and which construction is further
<br />prohibited by a restriction in the Deed recorded in Volume 163,
<br />Page 160, Deed Records, Hays County, Texas which prohibits the
<br />construction of any structure higher than 15 feet without first
<br />obtaining a permit from the governing body of the City of San
<br />Marcos; and,
<br />
<br /> WHEREAS, application has been made pursuant to Section 10,
<br />Appendix B, entitled "Airport Zoning Regulations" of the City of
<br />San Marcos, Texas, as amended by ordinance adopted August 31, 1981,
<br />for a variance from the "Airport Zoning Regulations", to permit
<br />the construction of the Building on Lots 1, 2 and 3, Municipal
<br />Airport Subdivision in San Marcos, Hays County, Texas to a height
<br />not more than three feet in excess of the height restrictions set
<br />forth in the above described plat of the Airport Hazard Area;
<br />and.
<br />
<br /> WHEREAS, the City Council of the City of San Marcos, Texas,
<br />hereby finds and determines that the requested variance from
<br />said regulations would not cause a hazard to airport users; and,
<br />
<br /> WHEREAS, Said City Council further finds and determines
<br />that a literal application or enforcement of the regulations
<br />would result in practical difficulty and unnecessary hardship to
<br />the owners of Lots 1, 2 and 3, Municipal Airport Subdivision in
<br />the City of San Marcos, Hays County, Texas; and,
<br />
<br /> WHEREAS, said Council further finds and determines that the
<br />relief requested would not be contrary to the public interest
<br />and would do substantial justice and be in accordance with the
<br />spirit of the said Airport Zoning Regulations; now, therefore,
<br />
<br /> BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN ~ARCOS,
<br />TEXAS:
<br />
<br /> PART 1. That a variance is hereby granted from Appendix B,
<br />entitled "Airport Zoning Regulations" of the Code of Ordinances
<br />of the City of San Marcos, Texas, to permit the construction of
<br />the Building on Lots 1, 2 and 3 of the Municipal Airport Subdivision
<br />in San Marcos, Hays County, Texas, to a height not more than three
<br />feet in excess of the height restrictions set forth in the plat of
<br />the Airport Hazard Area of the San Marcos Municipal Airport, as said
<br />
<br />
<br />
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