Copyright 2009

Corsicana Daily Sun (Texas)
Distributed by McClatchy-Tribune Business News
November 18, 2009 Wednesday
STATE AND REGIONAL NEWS
20091118-XQ-Zoning-change-adopted-1118
403 words
Zoning change adopted: Ordinance clears way for church building projects
Janet Jacobs, Corsicana Daily Sun, Texas

Nov. 18--The Corsicana City Council voted to change the zoning rules for side yards and rear yards in how much setbacks are required for buildings when the council met in regular session Tuesday.

The council approved a 20-foot setback for side yards, and 10 feet for rear yards unless it's a non-residence, in which case it has to be at least 20 feet from the property line. Previously, the rules said the setback had to be 10 percent of the size of the property.

However, two churches, the Immaculate Conception Church and Northside Baptist, which are allowed to build in residential areas, want to build new activities centers on their properties.

In the case of the Catholic church, the 10 percent rule would have meant a set-back of 88 feet, which City Attorney Terry Jacobson suggested was a poor use of land within the city.

The council discussed the issue briefly at a work session prior to the regular meeting, and Gordon Wilson, who is both a member of the planning and zoning commission and a property owner near the Catholic church, objected strenuously to the changes.

Instead, Wilson asked that the council table the item and allow the planning and zoning commission to come forward with recommendations, or he suggested the city require these kinds of cases go to the board of adjustments for waivers.

The decision to change the requirements was unanimous.

Connie Standridge, city manager, said the previous ordinance was "in the best case ambiguous and in the worst case, wrong."

Jacobson said the previous ordinance would be hard to define and defend legally, if it were brought to court.

Both the churches will have plats presented to the planning and zoning commission this week at 2 p.m. Thursday.

Because the property is still considered residential, the city will still be able to prevent a major industry or something similar from being built 20 feet from a residence, Jacobson said.

"We can control what goes in there in an R-2 area," he said. "It's protected to some degree."

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November 18, 2009
      
 
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