1968 339- 485 _ 1-8 to 4-15-1968

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Appeal of MR. AL ENGEL AND MR. AL ENGEL, JR., opposing the granting of a Variance to permit a side yard width of 5 -feet where 15 feet is required on the front 80' by 75.50' area presented for consideration at this time as it related to property under discussion. Planning Commission at their meeting of December 12, 1967, approved granting of the Variance as applied for, subject to the fol- lowing conditions: 1. That street improvements be installed to the satisfaction of the Public Works Director. 2. That an Architectural Permit be obtained in accordance with Article 45 of the Zoning Ordinance. Councilman Petersen moved to affirm the action of the Planning Commission in granting the Variance. Motion held without a second for further discussion. Planning Director, in reviewing considerations given for this Variance request, advised Staff had recommended against its granting because they were not able to find justification, but reasoning of Planning Commission had indicated if motel portion of this development allowed to have 51 setback under its R -2-T zoning district, it was logical that front portion proposed for a commercial building should be permitted same setback line, also pointing out motel could go two stories under this Ordinance. Council questioned possibility of controlling outdoor identification illumin- ation, screening from abutting mobile home park, curbing of such noises as ventilating motors, etc., so no other nuisances are created, if variance is approved. Questions were also asked of applicants concerning use intended for the proposed front commercial building. Mr. Alves advised that a restaurant,barber shop, recreation or storage areas, etc., were proposed. Councilman Petersen again moved to affirm action of the Planning Commission and grant the Variance, subject to two conditions reccomended by the Planning Staff. No second received to the motion, and matter was further discussed and questioned concerning proposed construction plans. Councilman Henderson moved to reverse action of the Planning Commission and deny the variance, seconded by Councilman Keckley. Motion lost on roll call vote, Councilmen Granger, Henderson, and Keckley voting yes, Councilmen Bury, Petersen, Rosselli and Mayor Herkner voting no. Councilman Petersen again moved to affirm action of the Planning Commission and grant the variance, subject to the two conditions recommended by Staff as previously stated, seconded by Councilman Bury. Councilman Henderson moved to amend motion to require some measurement of sound at the property line to avoid disturbing the abutting mobile home park, seconded by Councilman Bury. Planning Director advised Council if this requirement is added to Variance, it was possible a substantial degree of conformance could be expected as two members of Architectural Review Committee were familiar with these problems and could offer advice to reduce impact of unnecessary noise. ,m is Ise