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12151949 ZPC Minutes
~: MINUTES OF' R~;GULAR Mx;ETING ZONING & PLANNING BOARD DECEMB~i. 15, 1949 The Zoning & Planning Board met in regular session at the City Hall on December 15, 199, 7:30 F.M. with the following members present: Mr. 0. C. King, presiding; Messrs. Duncan P. Allen and Roy Maley. b4essrs. Franklin Jones and H. J. Chavanne were absent. Mr. and Mrs. D. t~J~. Basinger, owners of Lot I0, Block 17, West University Place 1st Addition located in the b300 Block of Buffalo Speedway, appeared before the Board requesting permission to resubdivide said lot into two 50 x 200 Ft. lots, both to face west on Buffalo Speedway. Motion by Mr. Allen, seconded by Mr. Maley that the request of Mr. and Mrs. Bassinger to resubdivide Lot 10, Block 17, VYest University Place lst Addit- ion into two 50 x 200 Ft. lots to face west on Buffalo Speedway be recom- mended for approval. Voting Aye: All Voting No None The request of Messrs. John Main and M. I3.. Smith for permission to con- struct a business building 20' from the front property Iine of Lot 1 and north 75' of Lot 2, Block 22, College View lst Addition instead of 30' as now required by the Zoning Ordinance, was considered. A letter from the City .Secretary advised the Board that. the City Council on October 2l~, had considered their recommendation of October 20, but had taken no action for reason that an easement for a sanitary sewer line which runs along the north side of this property was omitted on the plat submitted and also there was no letter submitted from the adjacent property owner to the south stating there were no objections to the proposed 20' set-back .line. The letter also stated that the City Attorney had advised that the Zoning & Planning $oard must of necessity reconsider all factors in the case and a hearing must be called bef ore an Ordinance could be passed which would establish a 20' set-back line on the property in question. Messrs. Main and Smith submitted a letter from Mrs. Gertrude M. Gordon, owner of the property adjacent to the south, stating she hsd no objection to a 20'-set-back line for the proposed building on Lot I, and 75' of Lot 2, Block 22, College View 1st Addition as she had been advised by Mr. Smith that their plans for the building arranged for a slant back opening to the store space on the south which would not be objectionable. Motion by Mr. Maley, seconded by Mr. Allen that the Board recommend that the City Council amend the Zoning Ordinance to permit P~essrs. Main .and Smith, o~ners of Lot 1, and north 75 Ft. of Lot 2, Block 22, College View 1st Addition, to constrtzet a business building to be set back 20' from the west property line in lieu of the 3©' set-back now required, in ac- cordance with blueprint of building outline submitted; also the Board recommends that the sidewalk in front of the building be 6' wide beginning 1!~' from the west property line and extending in front of this building, 1 `? and that necessary provisions be made for easement for sanitary sewer line on the north of the property. Voting Aye: All Voting No : None Mr. J. D. Hamner 6639 Brompton Road, requested permission by letter to resubdivide Lot 2, Block , ~tiest University Place 1st Addition which is now 100 x 150' into two 50 x 150' lots to face west on Brompton Road. Motion by Mr. Allen, seconded by Mr. Maley that the request of Mr. J. D. Hamner as contained in letter `of December 12, to resubdivide Lot 2, Block 8, West University Place 1st Addition into two 50 x 150' lots be granted subject to his submitting a plot plan and approval by the City Engineer as to compliance of all set-back lines from. all old and. new property lines of any structures now on the property. Voting Aye: All Voting No None In compliance with a recommendation of the City Council on November 28, 1949, the Board discussed advisability of rezoning the area in Pershing Place Addition to a Single Family Dwelling District, which according to the original zoning map was zoned for business but was developed with single family dwellings although according to city records an ordinance has never been passed restricting the area to single family dwellings. Motion by Mr. Allen, seconded by Mr. Maley that the Board recommend to the City Council that the Zoning Ordinance be amended to zone Pershing Place Addition, flocks 1 and 2 for Single Family dwellings only to con- f orm with use now. being made of this property. Voting Aye: A11 Voting No : None The Board also discussed advisability of amending the Zoning Ordinance roviding for the mailing of notices to the petitioner and to the owners of property lying within 00' o any point of the lot or portion thereof, on which a variation is desired, and took the following action: Motion by Pdr. Allen, seconded by Mr. Maley that the Zoning Board recom- mend to the City Council that Paragraph 3, Section 33, of Ordinance No. 111, as amended by Section 1 of Ordinance No. 152, be changed as follows:. "A public hearing shall be held by the Board of Commissioners before adopting any proposed amendment, supplement or change, Notice of such hearing shall be given by publication one time in the official newspaper of the city, or a newspaper of gen- eral circulation in the City, and in addition thereto the Board of Commissioners shall mail notices of such hearing to the petitioner and to the owners of property lying within 200' of any point of the lot or portion thereof, on which a variation. is desired, and to ali other persons deemed by the Board to be .`~ affected thereby, such owners and. persons shall be determined according to the current tax rolls of the City of hest University Place, such publication and mailing of notices to be at least 15 days prior to time set for hearing." it is further moved that sub-section ~t of Section 33 of Ordinance No. 111, as amended by Section 6 of Ordinance No. 22b, be amended to read as follows: "(!~) Unless such proposed amendment, supplement or change has been approved by the Planning Board, or if a protest against such proposed amendment, supplement, or change has been filed with the City Secretary, duly signed and acknowledged by the owners of twenty (20~) or more, either of the area of the lots, included in such proposed change or those immediately adjacent to the rear thereof extending 200 feet therefrom or of those - directly opposite thereto extending 200 feet from the street frontage of such opposite lot; such amendment shall not become effective except by afour-fifths (1t~5) vote of the City Com- mission. Voting Aye: All Voting No None Edith no further business to come before the Board at this time, upon motion duly made, seconded and carried, the meeting was adjourned. J SECRETARY 1