03-07-38 Regular Adjourned
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COUNCIL CHAMBER
March 7, 1938
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The Council met in regular adjourned and
special session at 7:30 P.M., pursuant to a
notice duly published, and in accordance with the
charter requirements of the City, for the purpose
of hearing persons desiring to be heard, for or
against the adoption of a proposed zoning ordinance
by the City Council.
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Before taking up this matter however, the
following resolution was presented by Mr. Hall,
and on motion of Mr. Wodischek, seconded by Mr.
Gwynn. and on roll call, unanimously carried,
adopted.
RESOLUTION REG1JtDING THE ISSUANCE OF
OCCUPATIONAL LICENSES
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The ~ity Clerk is hereby instructed and
directed that no occupational license shall
be issued, and no permit granted for any
event, show, contest, demonstration or_ per-
formance of any kind whatsoever, until
application for license or permit shall
have been approved by the Building Inspector,
the Chief of the Fire Department, the Chief
of Police, and the Sanitary Inspector.
Before endorsing a pproval of applicat-
ion, the several officers Shall consider
the suitability of the premises or location
for the desired use, and whether such use
would constitute a public hazard or nuisance
with regard to fire, structural collapse,
traffic congestion, excessive noise, object-
ionable odors, or in any way imperil the general
pUblic or patrons of or participants in the
affair sought to behad or conducted.
Furthermore, no license or permit shall
be issued or 'granted for any occupation, event,
show, contest, demonstration, performance or
business of such nature, kind or character that
is a hazard to-the persons or property of
the general public or spectators or patrons or
participants in, direotly or indireotly
inoident theran, until there shall be filed
COUNCIL CHAMBER - March 7, 1938
876
with the City Clerk a valid and bona fide bond,
or public liability insurance policy covering
injury to persons and property, (or proof of
existen~ of such policy,) said bond or policy
to be returned at the termination of the occup-
ation or thing licensed or permitted.
The City Clerk then proceeded with the reading
of the proposed zoning ordinance, the various
sections being discussed .by interested citizens
present, who made recommendations from time to
time as to various amendments in said ordinance.
i.
W.J. Johnston raised objection to the 3375
square foot area requirement shown in paragraph (Y),
Page 3, for cottage courts, stating his lots, whioh
were only 90 x 33 feet could not be used for this
t,\'pe of bUilding under the proposed ordinance.
Referring to paragraph (V), Page 2, H.H.
Wellinbrink considered the 8-room limit too high
in the designation of rooming houses and said any
house renting rooms should be considered a room-
ing house. It was recommended by Councilman Hall
that this paragraph be changed to read "three, or
more, instead of eight." In this connection, the
City Attorney stated, his opinion was that no zon-
ing ordinance could prevent the opening of a room-
ing house in a restricted district.
In paragraph (K), Page 4, it was recommended
to omit all requirements as to shrubbery and have
a separate ordinance drawn covering this feature.
Paragraph (0), Page 5, was objected to by
W.J. Johnston, who asked that some provision be
made in the ordinance for exceptionally small lots
so that property. owners would not be forced to
appeal to the City Council in such instances.
Mr. McNeil reoOmmended that the whole
ordinance be referred to the City Attorney to check
and see what the legal rights of property owners
were under Same. Mr. Byrd., in reply, stated he had
read it as carefully 'as he could but hadn't briefed
it seotion by seotion, as he did not believe the
Council had intended him to do this. .
In diSCUSSing further, the Bmall sized
lots owned by Mr. JOhnston, the BUilding Inspector
said he had assumed the Council would require
just the five foot set~back laid down in the Fire
Ordinance. It was recommended by the City Attorney
that a seotion be inserted in the ordinance to
COUNCIL CHAMBER - March 7, 1938
877
take care of the seventy-five odd lots, in Ocean
Park Subdivision which are of exceptionally small
dimensions. A five-foot set back requiremet on
lots, less than forty feet wide, would be sustained
in any Court Mr. Wellinbrink thought. It was there-
fore recommended that the ordinance read "that a
minimum of five feet side-yard set-back" be required.
In paragraph (T), Page 5, it was recommended
that the "public hearing" requirement be omitted.
It was recommended that paragraph (2),
Page 6 be omitted entirely.
Mr. Wellinbrink stated also, in regard to
front-yard set-backs, that no ordinance could force
a man to set his house further back than a front
line already established by other residences in
the same block.
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The height requirements shown in Section 4,
paragraph (A), Page 7, were also discussed, some
members considering that the restrictions were too
limited in this regard.
1 J,.'
R.C. McNeil requested the Council to change
zoning map so that Vista Del Mar Subdivision would
be included in the apartment house distriot.
In regard to rear yard requirements, Para-
graph (1), Page 8, Mr. Wood asked why it was nec-
essary to have a ten foot rear-yard set-back. It
was considered unnecessary to restrict to a greater
rear-yard set-back than that required for side lines
and Mr. Ogren recommended that same be limited
to a minimum of half the combined side-yard require-
ments. Mr. Hall suggested that where there is an
alley, that a rear-yard set-back of five feet from
alley line be required.
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In regard to Side_yard set-backs, Paragraph
(1), Page 8, Residence A,B,C, and Apartment House
districts, it was decided to omit paragraph entirely,
regarding extensions into side-yard area.
Also it was, upon
and the Council, decided
bined side-line set-back
lot, requiring a minimum
reoommendation of Mr. Ogr~n.
to stipulat~ for a com-
of 25% of the width of the
of ten feet.
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Mr. Wellinbrink Objected to set-back required
for garages and accessory buildings as shown in last
paragraph on Page 8, and after discussion, Mr.
Ogren recOmmended that this paragraph be eliminated
entirely, .
878
COUNCIL CHAMBER - March 7, 1938
Paragraph (2), Page 9, was changed to read
25% instead of 40~.
Paragraph (4), Page 9, should show a side-
yard set-back requirement of 6" to the foot.
It was reoommended that paragraph (2),
(4), (5), (5), and (9)), section 7, and paragraph
(4), at the bottom of Page 11 be omitted.
W.J. Johnston asked that some provision be
made under the COTTAGE COURT specifications to
permit use of his 33-foot lots in this way, if he
so desired.
....
Mr. H.M. Wood objected to all the minimum
floor area requirements shown in Paragraph (5),
Page ~ stating these were too great, and recommended
that 700 sq. ft. be the minimum requirement.
After considering the provision made in paragraph (7)
whereby porches, attached portecocheres, garages
&c. are to be considered as part of such floor
area, the Council was of the opinion that the areas
shown in the ordinance were small enough.
An entirely new Section was substituted to
take the place of Section 9, "Board of Adjustment"
as shown on Page 5 of the proposed ordinance.
It was further recommended that there be an
Apartment House "A" district and an Apartment House
"B" district and that the requirements on the latter
be reduced.
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It was recommended that in all instanoes
where the "Board of Adjustment" is mentioned in the
ordinance that same be changed to read "City Council".
The ordinance was declared to be ready for
amendment and revision before final submission to
the Council for passage.
There bieng no further business to come before
the meeting, Council regularly adjourned.
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