Resolution 94-06
RESOLUTION NO.
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
DETERMINING COMPLIANCE WITH CONDITIONS FOR SPECIAL USE PERMIT AS
HERETOFORE ESTABLISHED AND SET OUT IN ORDINANCE NO. 93-57
WHEREAS, the City of Wylie Comprehensive Zoning Ordinance as codified in Chapter 12
of the Wylie City Code did not, prior to October 26, 1994, allow for auction houses or auctions
in the zoning classifications of "R" Retail or "B-1 or B-2" Business within the City of Wylie and
any auction use in such classificaiton was therefore unlawful; and,
WHEREAS, the City Council amended the Comprehensive Zoning Ordinance to specify for
auction houses as allowable uses with specific use permits, by passage of Ordinance No. 93-49,
on the 26th day of October, 1993; and,
WHEREAS, Doyle Spurgin and Patricia Spurgin (Spurgins) as owners of the following
described property, to wit:
Lots 17 and 18, in Block 18, Railroad Addition to the City of Wylie
Collin County, Texas
which is zoned "R" Retail, petitioned the City for a specific use permit to allow them to conduct
an auction house operation on the said real estate, which said petition was granted by the City
Council and the specific use created by Ordinance No. 93-57 which was duly adopted by the City
Council on the 14th day of December 1994; and,
WHEREAS, the special conditions required by the City Council for the said specific use
permit, as enumerated in Section 2 of said Ordinance No. 93-57, included the following:
n2. A parking agreement with the First Baptist Church providing the deficient
number of minimum spaces required shall be executed to the satisfaction of the City of
Wylie prior to issuance of a Certificate of Occupancy"
n5. That a minimum of 50 parking spaces shall be provided either on-site or by
way of official agreement with the First Baptist Church"; and,
WHEREAS, subsequent to passage of Ordinance 93-57 City staff prepared a parking
agreement for execution by the First Baptist Church (Church) but the Church has, for reasons
best known to them, declined to sign the same; and,
WHEREAS, prior to passage of Ordinance No. 93-57 granting the specific use permit and
establishing the conditions therefore Spurgins received a letter from Rev. Al Draper of the First
Baptist Church (Consent Letter) indicating the Church's acquiescence in the use of the Church
parking lot by the Spurgins to provide parking for their auction house customers, a copy of said
letter being attached hereto and fully incorporated herein by reference; and,
WHEREAS, the Spurgins are now requesting that the consent letter suffice to satisfy the
above referenced special conditions for a parking agreement, Church's refusal to sign an
agreement notwithstanding; and,
WHEREAS, the City Council is the appropriate authority to determine whether such
consent letter satisfies the special condition for parking agreement as they are, ultimately, the
best source to determine the intent of the legislation which they have passed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the consent letter attached hereto satisfies all special conditions pertaining to parking
agreements as required by Section 2 of Ordinance No. 93-57, and shall be effective and
satisfactory for such purpose unless and until the same is revoked.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this
22rd day of February, 1994.
/f!21~
Mayor
Attest 1:l~ 1ddo )
Mary Ni ols
City Secretary
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t I~IRST .:.
BAPTIST CUUR()I
100 N. f:IRst a WYLlI:, t~XAS 16t)9~ . (21tt) 442-2261
October 27, 1993
to WhoM It MAY coNCERN:
Mt. boyle Svutaht or phtJt~nll Oalletles has l1ettnission to use out pltldng
lot located on the tiotth/w~st cottier or MAtble and t:ltst streets fot his ovetOuw
uti tuesdays ahd Sahitdays hights.
~
A. L. Draper
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