HomeMy WebLinkAbout20-1568 01-14-2020 RESOLUTION NO. 20-1568
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS, REQUESTING THE ZONING BOARD OF ADJUSTMENT TO
INITIATE AMORTIZATION PROCEEDINGS FOR THE PROPERTY
LOCATED AT 1451 WEST EULESS BOULEVARD, CRESTHAVEN
ADDITION, BLOCK 2, LOT A, FOR THE PURPOSE OF DISCONTINUING
THE NONCONFORMING USE BY A DATE CERTAIN; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Euless is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the property located at 1451 West Euless Boulevard, Cresthaven
Addition, Block 2, Lot A, known as the Mid City Inn, has been a nonconforming use under
the provisions of the City's Unified Development Code since March 28, 2000; and
WHEREAS, Article III, Section 84-50 of the Unified Development Code provides
that nonconforming uses and structures should be eventually discontinued and the use
of such premises shall be required to conform to the regulations prescribed in the Unified
Development Code having due regard for the investment in such nonconforming use; and
WHEREAS, the Zoning Board of Adjustment has the authority under Section 84-
59 of the Unified Development Code to determine whether the property owner has been
given an opportunity to recover its investment in the nonconforming use from the time
such property became nonconforming; and
WHEREAS, the City Council now deems it necessary to authorize the Zoning
Board of Adjustment to initiate amortization proceedings in order to discontinue the
nonconforming use of the above referenced property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
The City Council hereby finds and determines that the recitals made in the
preamble of this Resolution are true and correct, and incorporates such recitals herein.
SECTION 2.
The City Council hereby finds and determines that it is in the best interest of the
public health, safety, and welfare of the citizens of Euless that the property located at
1451 West Euless Boulevard, Cresthaven Addition, Block 2, Lot A, known as the Mid City
Inn, should be amortized as a nonconforming use and that thereafter the property should
be utilized in accordance with applicable regulations of the Unified Development Code.
SECTION 3.
The City Council hereby requests the Zoning Board of Adjustment to initiate
amortization proceedings under Section 84-59 of the Unified Development Code for the
discontinuance of the nonconforming use of the above referenced property by conducting
a hearing to determine a reasonable date for termination of the nonconforming use based
upon the recovery of the owner's investment in the nonconforming use and any other
factors that should be considered in determining a reasonable termination date.
SECTION 4.
This Resolution shall take effect upon its adoption.
APPROVED AND ADOPTED at a regular meeting of the Euless City Council on
January 14, 2020, by a vote of 7 ayes, 0 nays, and 0 abstentions.
APPROVED:
-AX of 4-4
Li-Martin,' May r
ATTEST:
m Sutter, C, CMC, City Secretary
Resolution No. 20-1568, Page 2 of 2