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TOWN OF PROSPER RESOLUTION NO. 02-35
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER ACTING AS O
THE BOARD OF ADJUSTMENT GRANTING A VARIANCE FROM SPECIFIC tr
REQUIREMENTS CONTAINED WITHIN ORDINANCE NO. 84-16, THE ZONING
co
ORDINANCE OF THE TOWN OF PROSPER AS PROVIDED IN ACCORDANCE WITH
THE PROVISIONS OF SAID ORDINANCE AND CHAPTER 211 OF THE TEXAS LOCAL
GOVERNMENT CODE.
OD
WHEREAS, The Town of Prosper is a Type A General Law Town; and, kitD
WHEREAS, The Town Council is authorized by §211.008 Subsection (g) of the Texas Local
Government Code to act as a Board of Adjustment; and,
WHEREAS, A request for a variance for certain real property located within the corporate limits
of the Town of Prosper Texas has been received by Town officials; and,
WHEREAS, A Public Hearing was conducting by the Mayor and Town Council of the Town of
Prosper, evidence was presented in relation to the request and opportunity for public comment
was provided; and,
WHEREAS, The Town Council has duly considered all evidence and comments made in relation
to the request; and,
IT IS THEREFORE RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS:
Section 1. A Variance from Ordinance No. 84-16 The Zoning Ordinance of the Town of Prosper,
Section 3A, Subsection 1.9.1 (Exterior Walls) shall be hereby granted for the below described
property with any limitations conditions or stipulations related to said variance listed in Section 2
of this Resolution.
Prosper High School - 300 Eagle Lane, Prosper Texas
Section 2. It shall be lawful to advance construction of buildings having exterior walls
composed partially of metal materials as indicated on the attached Exhibit A. This variance is
limited to the 2 buildings indicated in Exhibit B. This variance is limited and shall expire upon
the demolition or destruction of said buildings or upon damage to said buildings being sustained
in excess of 50% of the value of said buildings individually. Any significant modification
reconstruction, alteration, or other physical change to said buildings shall void this variance and
said buildings shall be required to be brought into conformance with Ordinance 84-16 as such
ordinance may be amended in the future.
Section 3. The Town Administrator or other Town official as designated by the Town
Administrator is directed to make record this action in the Zoning Ordinance, Zoning Map and/or
in files of the Town as appropriate and in accordance with appropriate law and Town practice.
05286 08294
Section 4. The Town Council hereby determines that;
1. There are special circumstances existing on the property such as size, shape, topography, area
or surrounding conditions such that the literal enforcement of the Zoning Ordinance would
create an unnecessary hardship in the development of the affected property;
2. That the variance is necessary to permit the applicant to exercise a property right presently
enjoyed by other properties in the vicinity and in the same zoning district.
3. That the granting of a variance will be in harmony with the spirit and purpose of the Land Use
Plan and Zoning Ordinance.
4. That the relief sought will not injure the permitted use of adjacent property and that a
variance to the within identified ordinance is necessary to ensure substantial justice and to
promote the health, safety and general welfare of the citizens of the Town of Prosper, Texas.
Section 5. The Town Council hereby directs that this Resolution shall become effective upon its
passage.
PASSED AND APPROVED THIS THE 15TH DAY OF OCTOBER, 2002 BY THE Town of
Prosper, Texas.
• ber :: so tOn Secret J. Dunmire, Mayor
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05286 08295
EXHIBIT A
BUILDING ELEVATION OR ARCHITECTURAL RENDERING
05286 08296
EXHIBIT B
SITE MAP
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Aiv�gRPVISION HEREIN
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Filed for Record in:
Collin County, McKinney TX
Honorable Helen Starnes
Collin County Clerk
On Oct 30 2002
At 3:51pm
Doc/Hum : 2002- 0158938
Recordin /Type:RL 15.00
Receipt $: 38764