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HomeMy WebLinkAboutR89-206PER THE REQUEST OF NOFFORD AND CARRUTH REQUEST WAS WITHDRAWN. SUBDIVISION REGULATIONS - BUILDING PERMIT VARIANCE - PLAINVIEW HOUSING LIMITED RESOLUTION NO. R89-206 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, GRANTING A VARIANCE FROM THE SUBDIVISION ORDINANCE BY ALLOWING THE ISSUANCE OF A BUILDING PERMIT FOR THE CONSTRUCTION OF AN APARTMENT COMPLEX ON THE WEST SIDE OF MESA DRIVE, SOUTH OF 13TH STREET, PRIOR TO COMPLETION OF THE PLATTING PROCESS. WHEREAS, the City of Plainview is aware of the need of additional apartment style housing units in the City of Plainview; and WHEREAS, Plainview Housing Limited is desiring to construct an apartment complex on the West side of' Mesa Drive, South of 13th Street; and WHEREAS, unnecessary delays could cause additional requirements to be placed on the project which could cause it to be cost prohibitive to construct; and WHEREAS, the subdivision regulations of the City of Plainview requires all subdivision or platting of property be completed prior to issuance of a building permit; and WHEREAS, the normal time required to complete the subdivision process and the building permit approval would create an unnecessary hardship preventing financing of the project; and WHEREAS, Jerry Wofford, on behalf of Plainview Housing Limited, has requested a variance be granted from those regulations, due to the need to immediately permit the project and prevent costly delays in the project. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Plainview, Texas, in accordance with the Subdivision Ordinance, wherein the City Council may grant a variance to the regulations imposed by the Ordinance, when a provision of the regulations would cause unnecessary hardship if strictly followed, that Plainview Housing Limited be granted a variance from the requirements of the Subdivision Ordinance, so a building permit may be issued for the construction of an apartment complex to be built on the West side of Mesa Drive, South of 13th Street, subject to Plainview Housing Limited's agreement to comply with all subdivision regulations as well as all other City codes and requirements which would affect the proposed apartment complex. In as much as this property has unique drainage problems, the City Council also recognizes the need for the developers of this property to take steps to take care of off-site 1 of 2 238 drainage before construction is started. The variance granted by this Resolution is not a waiver of any of the requirements placed on the developers by the City nor does it waive any rights the City may have in regards to the project, but is to permit the issuance of a building permit prior to the completion of all the requirements of the Subdivision Ordinance. This variance also requires that provisions for off-site drainage must be made, and plans for such prepared by a qualified engineer and approved by the City, before any construction may begin on the project. No above ground construction can be commenced until the platting process is completed. Passed and Approved this day of , 1989. E.V. Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: Mike McDonough Director of Municipal Services APPROVED AS TO FORM: David Blackburn, City Attorney 2 of 2