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448 <br /> AGENDA (continued) ACTION TAKEN (continued) <br /> PUBLIC HEARINGS (continued) PUBLIC HEARINGS (continued) omiel <br /> 1. (continued) notified and their failure to apply for a <br /> variance earlier or to remove the fence; the rod <br /> fact that the fence is probably not on the <br /> property of the appellants but is in the public <br /> right-of-way; whether or not any greater secur- <br /> ity is offered by a zero setback fence or a <br /> high fence; the fact that a variance for an <br /> eight-foot setback was granted; the fact that <br /> the appellants rejected the variance they were <br /> granted; whether the neighbors might not re- <br /> gard the fence as a hazard because of its <br /> adverse effect on visibility for drivers; the <br /> reason the Karthas did not respond promptly to <br /> the first notice from the City advising the <br /> fence was probably illegal; and their concern <br /> about loss of use of the property within the <br /> required setback. <br /> Mrs. David McCarthy, 173 Grant, former owner <br /> of the subject property and mother of Mrs. <br /> Karthas, advised that a six-foot fence with an <br /> approximately four-foot setback and with a <br /> hedge in front of it were removed some time <br /> ago, because the hedge died and the fence was - <br /> beyond repair. Mrs. McCarthy suggested a <br /> fence is needed for security reasons. <br /> Mayor Biagi invited anyone else present who <br /> wished to speak to do so. No one wished to <br /> speak. <br /> M/S: Bury/Stangel to close the public hearing. .we <br /> Carried unanimously by voice vote and public <br /> hearing closed at 8:00 p.m. <br /> word <br /> M/S: Chandler/Bury to uphold the decision of <br /> the Zoning Administrator and deny the subject <br /> appeal. <br /> CLARIFICATION: Councilman Chandler stated that <br /> it is his intention to deny the appeal and to <br /> affirm the granting of the previously approved <br /> variance for an eight-foot setback without re- <br /> quiring the appellants to pay an additional <br /> variance fee. <br /> The motion carried by majority voice vote, <br /> Mayor Biagi determining that there was one <br /> "No" vote. MINUTE ORDER NO. 81-17 <br /> 2. Public Hearing - Appeal of the decision of Memorandum from Planning Director (Zoning <br /> Zoning Administrator approving Planned De- Administrator) 1/12/81 <br /> velopment proposal to construct a mixed use <br /> building at 999 Main Street - Jack Rogoway, Mayor Biagi declared open at 8:05 p.m. <br /> Mick Michaels, Gladys Woodhams, Cherie M. <br /> Helm, and Michael A. Sposito, appellants Affidavits of Publication of Notice of Hearing <br /> and of Mailing reported on file. <br /> Jack Rogoway, owner of an antique business and <br /> tenant, 837 Main Street, reported working with <br /> Herring and Worley, developers of the subject <br /> property, and stated he had seen the proposal <br /> submitted for the subject mixed use building. <br /> Mr. Rogoway objected to the proposal, stating <br /> that it does not preserve historical or the <br /> present commercial development of the street. <br /> Mr. Rogoway stated that he does not believe e: <br /> Main Street is deteriorating and that its <br /> Adj.Mtg. <br /> 1/26/81 <br /> Page 2 <br />