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08-19-40 Special 1518 COUNC 1 L CHAMBER AUQUST 19, (940 THE COUNCIL MET IN SPECIAL SESSION, UPON CALL OF THE MAYOR, AT 7:30 P.M. WITH ALL MEMBERS OF THE COUNCIL PRESENT. ! THE MAYOR STATEO THE PURPOSE OF THE MEETINQ, VIZ. TO RECEIVE ANO DISPOSE OF THE RE~UEST OF W. SEWARD WEBB FOR SPECIAL BUILDINQ PERMIT ALLOWINQ FOR ONLY A 6-FOOT SETBACK, INSTEAD OF 10 FEET AS RE~UIRED BY THE ZONINQ ORD.INANCE, ON BUSINESS BUILDINQ WH ICH 11& IS ERECTI NG ON THE NORTH~99 FEET OF BLOCK 85, EAST OF THE RAILROAD. AFTER DISCUSSION, IT WAS MOVED BY MR. BRADSHAW THAT THE COUNCIL ACCEPT THE.APPLICATlON AND REFER SAME TO THE ZONINQ COMM I TTEE FO R RECOMMENDAT I ON. MR. H ILL SECONDED THE MOTl ON, AND, ON ROLL CALL, THE. VOTE WAS AS FOLLOWS: MR. BRADSHAW YES, MR. CREQO YES, MR. HILL YES, MR. JACOBS YES, MR. MILLER YES. THE MOTION CARRIED. THE CHAIR THEN CALLED A RECESS AT 7:4d TO ALLOW THE ZON- ING COMMITTEE TO MtET AND ACT ON THE RE~UESTED PERMIT, RECOVENINQ .AT 7:5d TO RECEIVE SAID COMMITTEE'S REPORT, AS FOLLDWS: "THAT THE RE- ~UESTED PERMIT BE GRANTED, ALLOWINQ THE RE~UESTED 6-FOOT SETBACK BECAUSE OF THE EXISTINQ SETBACKS .ON OTHER BUILDINGS ON BOTH SIDES OF THE STREET. THE COMMITTEE FELT IT WOULD CREATE A HARDSHIP, IN THIS CASE, TO RE~UIRE THE PETITIONER TO COMPLY WITH THE IO-FOOT ZONING ORDINANCE RE~UIREMENT,. SINCE OTHER BUILDINQS IN THE AD~ACENT BLOCKS HAVE MAINTAINED A SETBACK OF ONLY SIX FEET OR LESS; IT BEINQ THE SENSE OF THE COMMitTEE, HOWEVER, THAT CONSTRUCTION IN NEW BLOCKS, WHERE A LESSER SETBACK HAS NOT ALREADY BEEN ESTABL ISHED, SHALL BE RE~UIRED TO SET BACK THE FULL TEN FEET AS PROVIDED IN THE ZONINQ ORDINANCE." IT WAS MOVED BY MR. HILL THAT THE ZONING COMMISSION'S FINOINQS AND RECOMMENDATIONS BE ACCEPTED. MR. BRADSHAW SECONDED THE MOTION AND ON ROLL CALL THE VOTE WAS AS FOLLOWS: MR. BRADSHAW YES, MR. CREQO YES, MR. HILL YES, MR. JACOBS YES, MR. MILLER YES. THE MOTION CARRIED, AND THE PERMIT WAS ACCORDINQLY GRANTED. THE CLERK THEN PRESENTED FOR THE COUNCIL'S CONSIDER- ATION A PROPOSED RE-PLAT OF THE NORTH 300 FEET OF BLOCK L24. WRITTEN RECOMMENDATIONS FOR CHANQE AND REVISION OF SAID PROPOSED PLAT WERE MADE BY THE BUILDINQ INSPECTOR ANO CITY ENGINEER AS FOLLOWS: BY THE BUILDING INSPECTOR: "THAT THE ALLEY SHOULD BE NOT LESS THAN 16 FEET WITH AN OUTLET AT THE SOUTH END OR AMPLE TURNING SPACE PROVIDED." 1.5UJ COUNCIL CHAMBER - AUGUST 19, 1940 BY THE CITY ENQINEER: "BECAUSE THE 12-FOOT PRIVATE DRIVE IN THE CENTER BLOCK PROVIDEO THE ONLY ACCESS TO LOTS 6,7,8 IT IS RECOMMENOEO THAT AT LEAST 7 FEET BE TAKEN FROM EACH LOT MAK ING SAID DRIVE 26 FEET WIDE AND THAT IT BE DEDICATED AS A PUBLIC STREET. THAT EASEMENTS BE GIVEN FOR THE EXISTING SEWER LINE LAID 140 FEET NORTH OF THE NORTH PROPERTY LINE OF ATLANTIC AVENUE, AS WELL AS AN EASEMENT TO TAKE CARE OF EXTENSIONS TO THE NORTH, SUCH EASE- MENT TO EXTEND FROM THE NORTH PROPERTY LINE OF ATLANTIC AVENUE TO THE SOUTH LINE OF THE PROPOSEO DRIVE, SUCH PRIVATE DRIVE, IF DEDICATED TO THE CITY, THEN PERMITTING FURTHER EXTENSIONS OF THE SANITARY SEWER AS FAR NORTH AS LOTS I & 9, IF RE~UIRED." AFTER CONSIDERABLE DISCUSSION, IT WAS MOVED BY MR. IIIIILLER THAT THE PRESENTED PLAT B9 RE~ECTED ON THE FOLLOWINQ GROUNDS: THAT A 12-FOOT ALLEY IS DEEMED OF INSUFFICIENT WIDTH AND NOT IN CONFORMITY WITH OTHER ALLEYS IN TOWN. r THAT SUCH DEAD-END ALLEY IS NOT WIDE ENOUGH TO PERMIT PASSAQE OF FIRE, QAR9AQE AND OTHER TRUCKS,. SO THAT THEY MAY TURN AROUND, OR TO ALLOW THEM EXIT AT ANY OTHER POINT. No MAIN ENTRANCE PROVIDED FOR LOTS ON THE EAST SIDE OF SAID B~~O'CK. No EASEMENTS PROVIDED FOR EXISTING PUBLIC UTILITIES OR FOR FUTURE EXTENSION OF SUCH. MR. CREGO SECONDED COUNCILMAN MILLER'S MOTION, AND ON ROLL CALL THE VOTE WAS AS FOLLOWS: MR. BRADSHAW YES, MR. CREGO YES, MR. HILL YES, MR. JACOBS YES, MR. MILLER YES. THE MOTION CARRIED. COUNCILMAN BRADSHAW POINTED OUT THAT IT WAS NOT THE DESIRE OF THE COUNCIL TO PROHIBIT BUILDING BUT HE BELIEVED THE PLAT ARRANGEMENT COULD BE READILY WORKED OUT ON A PLAN MORE SATISFACTORY TO THE CITY. IT WAS REGULARLY MOVED, SECONDED AND CARRIED THAT COUNCIL AD~OURN. ~A'1~ (dA) fA/" I TV CLERK APPROVED: