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Home My WebLink AboutCP 138 TMM 4AsTER FILE•i (OU u Vj3 U WMMW AkCCOU11fiNO.2 TUMFORTATIOII[IUOLIC WORK84k lob � 1 W'r AnMINISTRATIOl1 a .i* EM �. `ss • • POLICE ADMMSTRATIOWS POLICY PROPOSAL p. FILE NUMBER SUgj CT Modification o Regulations on- PAGE.LAF,_ OEVEW cerning Carports/Moratoriums on Prosecution 138 W11" R Council>a�embe L PROPOSED RY: CITY MANAGER'=.e= EW - ��k� Herrin �,p X,4� It is proposed that City Council adopt the attached or inance amending Ordinance No. 10247 so air to: " extend extend the present moratorium on the prosecution-of citations issued before January 10, 1989, for violations of front yard setback requirements by nonconform- ing carports; and (b) extend the present moratorium on the issuance of citations for nonconforming car- ports constructed before January 10, 1989. Such moratoriums shall be extended until midnight, December 31, 1989, unless sooner repealed by the City Council. . Background Several areas exist in Fort Worth where carports have been added to the front of single family residences with attached garages. Many of these carports violate the front yard setback requirements of the zoning ordinance and special building lines established on subdivision plats. Examples of such carports are those at the resi- dences at 5428, 5432 and 5433 Durham Avenue. On January 10, 1989 , the City Council approved Policy Proposal 136 which asked the Zoning Commission to study the problem and, if appropriate, develop amendments to set- back regulations to permit any such existing carports to continue and to permit new carports of this type to be built. On January 31, 1989, City Council adopted Ordinance No. 10247, which imposed moratoriums to stay the prosecution of existing citations against the owners of such carports and to require that no new citations be issued for carports constructed before January 10, 1989. A Zoning Commission subcommittee has studied the matter and by a letter dated May 22, 1989, the Chairman of the Zoning Commission reported to the City Council. The City Council has also a City Council Carport Committee which has had several meetings concerning this matter. The committee needs additional time to complete its work and to make recommendations to the Council. Legality The City Attorney has reviewed the above proposal and there are no known legal impedi- meats. LEGALITY FISCAL NOTE ❑ rFl. CRY MANAGER'S COMMENTSN% _ PCr,6ICY PROPOSAL (cont'a) PAGEZ,OF7 Fiscal Note None. City Manager's Comments • The City Nanager has no objections to this Proposal. Steve Murrin, Councilman District 7 APPROVED BY CITY COUNCIL JUL x5 1989 JU ko� 0 car secremy of ea• cit„of rw Womb.Tax= Adopted Ordinance No.MX3 OfFIM RMRJ Cff Y SWRLTARY CRY OF FORT WORTH LFT WORTH, Ifiale ORDINANCE NO. l&5 AN ORDINANCE AMENDING ORDINANCE NO. 10247 TO PROHIBIT THE ISSUANCE OF CITATIONS AND PROSECUTION OF COMPLAINTS FOR VIOLATIONS OF FRONT YARD SETBACK REQUIREMENTS BY CERTAIN CARPORTS IN THE CITY OF FORT WORTH , WHICH PROHIBITION SHALL REMAIN IN EFFECT UNTIL MIDNIGHT ON DECEMBER 31 , 1989, UNLESS SOONER REPEALED BY' THE CITY COUNCIL, THE PURPOSE OF SUCH PROHIBITION BEING TO PRE- SERVE THE STATUS QUO PENDING CONSIDERATION BY THE CITY COUNCIL OF POSSIBLE REVISIONS TO THE ORDINANCES AND REGULATIONS PERTAINING TO SUCH CARPORTS ; PROVIDING FOR A METHOD OF REPEAL OF THIS ORDINANCE, PROVIDING A SEVER- ABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Fort Worth regulates the location and construction of carports and other buildings under its Comprehensive Zoning Ordinance (Ordinance No. 3011 , as amended) and other city ordinances and regulations; and WHEREAS, there are several areas in the City of Fort Worth where carports have been added to the front of residences with attached garages ; and WHEREAS, some of such carports violate the front setback requirements of the Comprehensive Zoning Ordinance and special building lines established on subdivision plats ; and WHEREAS, on January 10, 1989 , the City Council adopted Council Policy Proposal 136 which requests that the Zoning Commission make a study of front yard setback requirements for carports added to residences with attached garages and recommend amendments to permit such carports (hereinafter called "noncon- forming carports" ) to extend into front yards yet establish stan- dards to protect the public health and general welfare , and encourage the appropriate use of land; and OFMK MY SECRf TARY FT. WORM, TEX, WHEREAS , on January 31 , 1989, City Council adopted Ordinance No. 10247 which provides that a moratorium shall be imposed on the prosecution of citations issued before January 10, 1989 for violations of front yard setbacks be nonconforming carports and that a moratorium shall be imposed on the issuance of citations for violations of front yard setbacks by nonconforming carports constructed before January 10, 1989; and WHEREAS, it is necessary to extend such moratoriums until midnight on December 31 , 1989 so that the City Council may con- cider possible revisions to the ordinances and regulations per- taining to such carports; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: S ECT I ON 1. That pursuant to the valid exercise of the police power granted to the City, Ordinance No. 10247 is hereby amended and the following acts are hereby prohibited in the City of Fort Worth during the period from the effective date of this ordinance until midnight on December 31 , 1989 or until this ordinance is repealed, whichever occurs first; (a) the prosecution of citations issued or com- plaints filed before January 10, 1989, for violations of front yard setback requirements by carports added to residences with attached garages; ( b) the issuance of citations or the filing or prosecution of complaints for violations of front yard setback requirements by carports added to residences nSECOCITY AA e with attached garages where such carports were con- structed before January 10, 1989. ( c) the issuance of citations or the filing or prosecution of complaints for other violations by car- ports added to the front of residences with attached garages where such carports were constructed before January 10, 1989. That the purpose of this prohibition is to maintain the status quo concerning such nonconforming carports until proposed amend- ments to front yard setback requirements for carports can be considered by the City Council. SECTION 2. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 3. That this ordinance shall be in full force and effect until such time as the City Council adopts an ordinance repealing same or until midnight on December 31 , 1989, whichever occurs first. SECTION 4. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth , Texas ( 1986 ) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and -3- oFFiCK RECORD CITY SECRETARY FT. WORTH, Tt. such Code, in which event , such conflicting provisions of such ordinances and Code are hereby suspended for the period during which this ordinance is in effect. SECT ION 5. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences , clauses and phrases of this ordinance are severable , and , if any phrase , clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judg- ment or final decree of a court of competent jurisdiction , such voidness , ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences , paragraphs and sections of this ordinance , since the same would have been enacted by the City Council without the incorporation herein of any such void , ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. That this ordinance shall be in full force and effect from and after its passage, and it is so ordained. SECTION 7. That the City Secretary shall send copies of this ordinance to the Chief Judge of the Municipal Court, City Attorney and -4- OFFICIAL RECORD MY SECRUARY R WORTH, TUL Director of the Department of Development of the City of Fort Worth. APPROVED AS TO FORM AND LEGALITY: l� f City Attorney Date: *1 ' Z0 �� l ADOPTED: d 9 EFFECTIVE: Aw -s OFFICIAL RECOID CITY SECRETARY FT. WORTH, TOL