10121964 Regular Meeting - Laserfiche WebLink

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(', '10 if" regular meeting, october 12, 1964, page two nit is the opInion of the City Attorney and the Planning & Zoning Commission that this property is a single family residence as it is zoned and not subject to mitigation.'" History of the property was documented by Mr. Fuller in a lengthy supporting statement, with a chronological seq- uence of events. The Mayor recognized E.O. Wiley, jr., Counsel for Mrs. Dolan, I who stated his client's case and presented witnesses to show that the property had once been rented with separate facil- ities for three families. Jack Major, City Sui Iding Inspect- or, stated he had informed Mrs. I. H. Barr i son that the prop- erty was zoned Nsingle family'" before she sold it to Mrs. Dolan, and had also informed Mrs. Dolan of the fact. Upon being questioned during the meeting, Mrs. Do/an stated she had understood the Zoning Ordinance to mean by "single family dwel ling", that only one house could occupy the lot. Witnesses were presented to testify that many houses in the neighborhood were being used as Nmulti-familyN dwellings. Alderman Whittenberg commented he would like to know on what basis the neighborhood had been zoned "R", when existing conditions would indicate it should be zoned "ON or Nmulti_ fami lyD. Alderman Ruiz answered that the planners did not write the ordinance t~omply with conditions existing fifty years ago, but to set a pattern in which the city could de- velop in the next twenty years. After lengthy discussion, Alderman Whittenberg moved that Mrs. Dolan be issued a non- conforming permit. Alderman Tuttle seconded the motion, and on roll cal I, the following vote was recorded: AYE: NAY: Pool, Tuttle, Whittenberg Ruiz I The Mayor declared the motion carried. Text of the Zoning Ordinance was consulted on the vote required to reverse a ruling of the Planning and Zoning Commission. Attorney Wiley called to the attention of the Mayor that the govern- ing body was not sitting as the Counci', but as a Board of Appeals, andthat the Mayor, therefore, was entitled to a vote. The Secretary was instructed to call the roll again, with the following result: AYE: NAY: Pool, Taylor, Tuttle, Whittenberg Ruiz The Mayor declared the motion carried, but instructed the City Manager to get an opinion from the City Attorney on the necessary votes required in the situation. In further discussion at the conclusion of the meeting, Mayor Taylor instructed the City Manager to include in the non-con- forming permit, the stipulation that no retail sales will be I permitted on the premises of 816 West Ilopk ins. Alderman Whittenberg commended the Bui lding Inspector, Jack Major, for the manner in which he had performed hhs duty in the enforcement of the Zoning Ordinance. Mrs. Dolan thanked the Board of Appeals for making a decision in her favor. ;I~;;; I /,./01'