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HomeMy WebLinkAboutCP 241 CIT FO WO , XAS 0 e13 P-, COUNCIL PROPOSAL Date:March File Number: Subject: Extension of Moratorium on Enforcement of Regulations on 11,2004 241 Residential Carports Proposed By:Frank Moss City Manager's Re Page: City Attorney's Re w: PAGE 1 OF 2 It is proposed that the City Council: 1. Instruct City staff not to issue zoning citations for residential carports for an additional 60 days; 2. Instruct City staff not to accept requests for variances from the zoning ordinance for carports for an additional • 60 days, with the understanding that no citations will be issued for such carports pending consideration by the City Council of amendments to the zoning ordinance concerning carports;and 3. Upon request and concurrence of the applicant, instruct City staff to seek a continuance for an additional 60 days of requests for variances from the zoning ordinance for carports that are currently pending before the Board of Adjustment, with the understanding that no citations will be issued for such carports pending consideration by the City Council of amendments to the zoning ordinance concerning carports. DISCUSSION: The current Zoning Ordinance does not allow carports beyond the front building line and the applicable side yard setbacks. The Development Department is currently accepting a high volume of applications for variances from the standards in the Zoning Ordnance regarding carports. A large number of requests for variances from front and side yard setback requirements are denied, including cases where the carport has been in existence for years and cases where new carports are constructed without permits. On June 3, 2003, the City Council approved Council Proposal 228 creating a moratorium on the enforcement of citations and the acceptance of requests for variances relating to carports. On August 19, 2003, the City Council Housing and Workforce Development Committee recommended that a citizen task force be formed to study the issues and bring back recommendations to the Committee within 60 days. On September 23, 2003, the City Council approved Council Proposal 234 extending the moratorium for an additional 180 days to allow the citizen task force time to present alternatives to the current regulations to the Committee and to allow time for any approved changes to be presented to the Zoning Commission and the City Council for consideration as a text amendment to the Zoning Ordinance. The proposed changes will be presented to the Zoning Commission on March 10, 2004. The City Council will consider the proposed revised text amendment on March 11, 2004. The current moratorium expires on March 21, 2004 however the City Council meeting for March 16 has been cancelled. It is proposed that enforcement of the current regulations and acceptance and processing of applications for variance requests to the Board of Adjustment regarding carports be delayed for an additional 60 days to allow the City Council time to consider the proposed revised text amendment. LEGALITY 9�)E �PllI It 4Sf it FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL n CIT FO WO , TEXAS COUNCIL PROPOSAL Date: March File Number: Subjec Extension of Moratorium on Enforcement of Regulations on 11,2004 241 Residential Carports _ Proposed By:Frank Moss City Manager's Review: Page: City Attorney's Review: PAGE 2 OF 2 LEGALITY: The Department of Law finds that this proposal is legal and that it is within the authority of the City Council. FISCAL NOTE: The Finance Director certifies that the approval will not require the appropriation of additional funds at this time. Councilmember Sponsor Councilmember Co Sponsor ❑ LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL