R-10-02-25-10F2 - 2/25/2010RESOLUTION NO. R -10-02-25-10F2
WHEREAS, Travis Johnson, ("Land Owner") is the owner of a
parcel of land (the "Land") which has not been platted in accordance
with the requirements of Chapter 8 of the Code, which Land is shown
on Exhibit A; and
WHEREAS, Dain Jay Johnson, ("House Owner") is the owner of a
house currently located at 307 W. Main St., Round Rock, Texas which
must be moved from its current location because the City is
purchasing the tract for a public parking garage; and
WHEREAS, the House Owner wishes to move the house from its
current location at 307 W. Main to the Land; and
WHEREAS, the moving of house requires the issuance by the City
of one or more building permits to relocate, remodel and reconnect
the house to utilities; and
WHEREAS, §8.111 of the Code of Ordinances (1995 Edition) of
the City of Round Rock, ("Code") provides that no building permits
shall be issued for the development of a parcel of land until a plat
has been recorded in accordance with Chapter 8 of the Code; and
WHEREAS, §8.113 of the Code provides that the City Council may
designate an eligible parcel of land as a Non -Recorded Subdivision
and may modify the requirements of Chapter 8, Subdivisions for such
Non -Recorded Subdivisions; and
WHEREAS, the City Council has determined that strict compliance
to the subdivision requirements contained in Chapter 8 of the Code
may result in undue hardship to the Land Owner; Now Therefore
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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
That the Land is hereby recognized and designated as a
Non -Recorded Subdivision pursuant to, and in compliance with §8.113
of the Code; and
BE IT FURTHER RESOLVED
That the City Council makes the following findings for the Land
described in Exhibit "A";
1. There are extraordinary or special conditions affecting
the Land such that the strict application of the
provisions of Chapter 8 would cause undue hardship; and
2. The modification from the requirements of Chapter 8 is
necessary for the preservation and application of
substantial property rights; and
3. The granting of modifications from the requirements of
Chapter 8 will not be detrimental to the public health,
safety or welfare, injurious to other property in the area
or to the City; and
4. The conditions affecting the Land described in Exhibit "A"
do not generally apply to other tracts of land in the
vicinity; and
5. The conditions affecting the Land described in Exhibit
A„
are not the result of the actions of the current owners of
said real properties; and
6. The modifications from the requirements of Chapter 8 will
not substantially conflict with the General Plan and the
purposes of Chapter 8; and
2
BE IT FURTHER RESOLVED
That the City Council hereby makes modifications to Chapter 8
as it applies to the Land as follows:
1. §8.111 of the Round Rock Code of Ordinances as it applies
to the Land shall be modified so that the platting of the
Land in accordance with Chapter 8 shall not be a pre-
condition for the issuance of any and all permits required
for the relocation of the house to the Land.
The City Council hereby finds and declares that written notice
of the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to
the public as required by law at all times during which this
Resolution and the subject matter hereof were discussed, considered
and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended
RESOLVED this 25th day of February, 2010.
ATTEST:
SARA L. WHITE, City Secretary
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
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DATE: February 18, 2010
SUBJECT: City Council Meeting — February 25, 2010
ITEM: 10F2. Consider a resolution designating a tract of land owned by Travis Johnson as a Non -
Recorded subdivision entitled to be developed under modified regulations.
Department:
Staff Person:
Justification:
Planning and Community Development
Jim Stendebach, Planning and Community Development Director
The tract in question is unplatted and is over 5 acres in size. The tract has easement access and could not be
platted without involving other abutting property owners. This tract is currently vacant and zoned for single
family use. The City is acquiring the property at 307 West Main Street for the Intermodal Transit Facility. Mr.
Johnson proposes to move the house currently at 307 West Main Street to the subject tract. This resolution
would allow the city to issue the necessary building permits to allow the house to be located on the subject
tract.
Section 8.113 of the city code permits Council to determine that strict compliance to the regulations of this
chapter for certain Non -Recorded Subdivisions may result in undue hardship. The City Council shall designate
such Non -Recorded Subdivision by resolution duly adopted.
Strategic Plan Relevance: N/A
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources:
N/A
Public Comment:
N/A