Res 1999-012 - Laserfiche WebLink

Home Browse Search

93. RESOLUTION 1999- 1? R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS, GRANTING A VARIANCE FROM THE BASE DENSITY REQUIREMENTS OF THE PLANNED DEVELOPMENT DISTRICT PROVISIONS OF THE CITY CODE FOR A 55 ACRE, MORE OR LESS, TRACT OF PROPERTY AT THE INTERSECTION OF RANCH ROAD 12 AND BISHOP STREET; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. Land Strategies, Inc. has submitted a request for a variance from the base density requirements in the City Code's Planned Development District ("POD") regulations (Chapter 94, Article 5) on behalf of Jack Weatherford and Sydney Weatherford (the "Owners"), the owners of a 55 ::!: acre tract of land (the "Property") at the intersection of Ranch Road 12 and Bishop Street. 2. The City Council has conducted a public hearing on the request and has found and determined that the request meets the requirements referenced in City Code Section 94.221 (b) (the variance criteria in City Code Chapter 114) for the variance to be granted, as follows: A. The variance arises from conditions which are unique to the Property, including its location at a significant intersection, its essentially undeveloped state, and the inclusion of development densities for the Property in the Sector 2 Plan of the City's Master Plan as a result of a mediated design workshop. B. Because the development of the Property was the subject of extensive discussions during the adoption of the Sector 2 Plan, and the densities permitted for development on the Property were adopted as part of the Sector 2 Plan, the literal enforcement of the base density requirements of City Code Section 94.273 would create an unnecessary hardship or inequity for the Owners of the Property. C. The variance request is not based exclusively upon the Owners' desire for increased financial gain from the Property, but rather upon a desire to comply with the Sector 2 Plan. D. The granting of the variance will not be materially detrimental or injurious to or adversely affect the rights of owners or residents of surrounding property; it will simply allow the Sector 2 Plan to be implemented. E. The variance would not impair an adequate supply of light or air to adjacent property or substantially increase congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood, or otherwise be opposed to the general spirit and intent of the POD regulations, since the variance would simply allow the Sector 2 Plan to be implemented for the Property. F. The variance requested is within the guidelines established in the POD regulations. G. The degree of variance requested is the minimum amount necessary to meet the Owners' needs and allow the Sector 2 Plan to be implemented. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: