Ord 161-96 11/19/1996Y,
ORDINANCE NO. �1- R L
AN ORDINANCE WAIVING THE 25 -FOOT EXTERIOR SIDE SETBACK
REQUIREMENT OF THE ZONING ORDINANCE, APPENDIX C OF THE
CODE OF ORDINANCES, FOR PROPERTY LOCATED AT 3801
JACKSBORO HIGHWAY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO
THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Winn Dixie Corporation has requested a waiver of the 25 -foot exterior side setback
requirement as required under Appendix C, Zoning Ordinance, of the Code of Ordinances; and,
WHEREAS, the City Council has concluded that waiving this ordinance provision would be in the
public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION I. Applicable sections of the Zoning Ordinance addressing the exterior side setback
requirement are waived to allow a building addition at 3801 Jacksboro Highway to encroach into the exterior
side setback along Cynthia Lane by eight feet as shown in Attachment A.
SECTION 2. The waiver for encroachment into the exterior side setback applies only to this
proposed building addition, shown under Attachment A, and to no other encroachment by this structure,
or any part of this structure, or any accessory structure at 3801 Jacksboro Highway.
SECTION 3. The structure shown in Attachment A is hereby considered nonconforming, and
therefore subject to provisions under Section 6100 of the Zoning Ordinance, as amended.
SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance
was passed was open to the public as required by law.
SECTION 5. The waiver for encroachment into the exterior side setback is granted
contingent upon the Winn Dixie Corporation's installation of irrigation and landscaping in
conformance with a site plan dated October 24, 1996 submitted by the Winn Dixie Corporation,
and included herein as Attachment B. Such landscaping shall be installed prior to issuance of a
Certificate of Occupancy, or assurance given that, due to seasonal conditions, the required
landscaping will be complete within six months following issuance of the Certificate of
Occupancy. The irrigation system shall be operational prior to issuance of the Certificate of
Occupancy.
PASSED AND APPROVED this the 19th day of November, 1996.
ATTEST:
L
i
CIT ERK
M YO
PAGE 5 OF 5 PAGES
AGENDA ITEM NO.
t •
iwo rRDN !a srtl . -z
SOU1N 3.5 00'
N(■ M COW- r%L1O —
St ROLARD DOOM ��� i • OURVICE
N(r Conk ►..1P \ 1
St( SNI A-2 1
I
• 8 Foot E
.1
I
. I
1
I
i
I p - '--Ww 12500
f
tt(C.
1PNDSt,HC AREA
mr.c E am*
fw.. noDR�D m GIV.
r►rSN rt0011 tIEV 57300' A Wla. Oif.
1
t
K ►M .1t: CRY
10 1 04mirva"s Too
FROM we lAMlIR4
Proposed Addition
/ I I R( Come s
I
W tXIFr o
nf7•.0 C1Tr M
Wltr v.c�w.to 1..M1./k r not a
1 — NEW CO1KRt7L RAMPS
• 1 to start aIUIDE!
I \ wwtrw r f�N a
1 I
• 3
NEW L406CAKO
I 1
NEW vmsTft N cROSS..c N(w Stl( uaa i i y SP1•P/1LO r5L"
NEW LA .�hMD Nt* vMtt(D D •• wp( Simms • :•-� - • POLE PAR v -2 $ ./7y►t 1 Cum
/ Iq w1tR w/ 0 "C - -Pw TwTC v4a0• I
I1 ally I
�1 ;l t t t 4 t t t l tl
j \Pat -Z N(r •itSG.t1 ✓
ST[ 4W7 / .. �.'Kr yt[ uP11 1 RMrtER w
. POLE PR PtR 5/-2 1 C11Y
' / f
I t i t I t i t 4 tt
few I Nn SPIIM•AM LMOWM(tl —,, NEW ONDV -A m
P.WT[Q r fret Sf VCR LPG-7 PLANf(R w/ fat 1 1 fEw D
yy _ /_____
NEW PYLON
SON LOCATOR
f101f1N 3.! 001'
a s
B8. Y1t t►.L w� E"AS 6
UA HU M M let 060M HO WAY)
Attachment A
Current Winn Dixie Store and Planned Addition
PAGE 6 OF 6 PAGES
AGENDA ITEM NO.
.14:�
ATTACHMENT B
FILED WITH ORIGINAL ORDINANCE 161 -96
IN VAULT FILING CABINET
Affidavit of Publication
µr Bookkeeper for Imes Publishing Company
NORINE S. LEWIS of Wichita F lls
PUBLIC
• STA7EOF TEXAS
4 +�a+�+'° myC"A w"EVk" Subscribed and sworn to before me this the day and year first above written:
y.:.s....,. a.�a.: uams :.er.Hwa�uu!knnn,+ctarawv�ruauv
THE STATE OF TEXAS
ORDI CNAN EN0.161 -96
COUNTY OF WICHITA Ad #384659 .
AN NAN
OI25
NG THE FOOT EXTE- ire
(p' RIOR SIDE SETBACK '
REQUIREMENT OF THE
ORDINANCE,
17th day
On this day of
APPENDIX C. OF THE
CODE OF ORDINANCES,
FOR PROPERTY LOCAT-
1996
ED AT 3801 JACKSBORO
A.D............. personally appeared before me, the undersigned authority
ANDHDETERMIINING
THAT THE MEETING
Mary C. Newell bookkeeper
AT
WASCPASSED WAS OPEN
TO THE PUBLIC AS RE-
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
QUIREDBYLAW.
-
Times/Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one 1 issues thereof on the following dates:
Decemb,O 3, 1996 /j
µr Bookkeeper for Imes Publishing Company
NORINE S. LEWIS of Wichita F lls
PUBLIC
• STA7EOF TEXAS
4 +�a+�+'° myC"A w"EVk" Subscribed and sworn to before me this the day and year first above written:
y.:.s....,. a.�a.: uams :.er.Hwa�uu!knnn,+ctarawv�ruauv