HomeMy WebLinkAboutResolution No. 2010-030
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2010-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A VARIANCE TO THE SUBDIVISION
ORDINANCE CONCERNING PAVEMENT FOR CITY FIRE LANES
FOR THE OLD AMERICAN GOLF CLUB CLUBHOUSE FACILITY, AS
GENERALLY DEPICTED IN EXHIBIT A OF THIS RESOLUTION;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 16.5 of The City of The Colony, Texas, Subdivision Ordinance
provides that the Planning and Zoning Commission may consider a request for a variance from the
subdivision ordinance of the City and forward a recommendation to the City Council for its review;
and
WHEREAS, Section 16.5 of the Subdivision Ordinance also provides that "[i]n
considering a variance request the planning and zoning commission and the city council shall
consider whether or not the evidence presented in each specific case is sufficient to show that: (a)
The granting of the variance will not be detrimental to the public safety, health, or welfare or
injurious to other property; (b) The conditions upon which the request for a variance is based are
unique to the property for which the variance is sought and are not applicable generally to other
property; (c) Because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as distinguished from
a mere inconvenience, if the strict compliance with the subdivision ordinance is required; and (d)
The special or peculiar conditions upon which the request is based did not result from or were not
created by the act or omission of the owner or any prior owner, subsequent to the date of creation of
the requirement from which the variance is sought; and
WHEREAS, the owners and developers of the Old American Golf Clubhouse facility
have requested a variance from the requirements of the Subdivision Ordinance to allow the use of
paving meeting the City's fire lane standards, as generally depicted in Exhibit A of this Resolution,
which is attached hereto and incorporated herein for all purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the City Council of the City of The Colony, Texas, finds and
determines and hereby grants a variance to the Subdivision Ordinance, pursuant to Section 16.5
of said Ordinance, and hereby allows the use of pavement meeting the City's fire lane standards
in lieu of two lanes of a 6D-A major thoroughfare street, as generally depicted in ExhibitA of this
Resolution.
SECTION 2. That the City Council of the City of The Colony, Texas, makes the
following findings and determinations:
(a) the paving, as generally depicted in Exhibit A of this Resolution, meets the City's
fire lane standards, and will not be detrimental to the public safety, health, or welfare or injurious to
other property;
(b) the conditions upon which the request for a variance is based are unique to the
property for which the variance is sought and are not applicable generally to other property because
of the unique condition that the paving is located on United States Army Corps of Engineers
property;
(c) because of the particular physical surroundings, shape or topographical conditions of
the specific property involved, a particular hardship to the owner would result, as distinguished from
a mere inconvenience, if the strict compliance with the subdivision ordinance was required; and
(d) the special or peculiar conditions upon which the request is based did not result from
or were not created by an act or omission of the owner or any prior owner, subsequent to the date of
creation of the requirement from which the variance is sought.
SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Resolution; and the City Council hereby declares it would have passed such
remaining portions of this Resolution despite such invalidity, which remaining portions shall remain
in full force and effect.
SECTION 4. This Resolution shall become effective immediately upon its passage.
PASSED AND APPR , VED BY THY--)CITY C UNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS day of , 2010.
e McCou ,Mayor
ATTEST: -
Christie Wilson, City Secretary
APPROVED AS TO FORM:
t
Jeff Moore, City Attorney
Page 2
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