BOOK 21_1946-09-23 to 1948-08-09

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19 8 *, from uilding Inspector and Fire Chief and Fire Inspector. City Clerk Dodge read the communications which set forth the reasons of both departments as to why a permit should not be granted as requested. Mr. Fabbro protested at not being allowed a per- mit and there followed a lengthy discussion. Councilman Werder was of the opinion, as stated in previous discussions, that if a lesser fire hazard would exist by reason of the improvements a permit should be granted. However, the consensus of the Coun- cil'was that a permit could not be issued if in violation of the ordinance. Coun- cilman Holmquist suggested that members of the Council inspect the premises. This u was agreed upon and the matter was held over to allow those Councilmen who had not visited the premises time to do so. A RECOMMENDATION OF THE PLANNING COMMISSION WAS RECEIVED RECOMMENDING APPROVAL OF APPLI- CATION OF MRS. L. G. JUNGEMANN TO CONSTRUCT AND OPERATE PRIVATE DAY SCHOOL for pre- school children on Madison Avenue between Ruby and Sapphire Streets. Mr. W. C. Goodman appeared protesting the. granting of a permit. for the operation of this school. He protested on the grounds that it was.a commercial enterprise and that it was in reality a day nursery. He presented a petition signed by the surrounding property owners protesting to the erection of a building for the requested purposes. The clerk read the petition which contained 23 signatures. . Mr. Goodman explained that the petition had not been submitted to the Planning Commission at their meeting inasmuch as it had not been completed in time. Councilman Granger moved, in view of the number of signatures on the petition, the recommendation of the Planning .Commission. be rejected and the permit be denied to Mrs. Jungemann for A private day school. The motion was seconded by Councilman Swift and passed unanimously. RECOMMENDATION OF THE PLANNING COMMISSION IN REGARD T.0 APPLICATION OF FIRST CHRISTIAN CHURCH was received. The application to build a church at the corner of Brewster Avenue and Lowell Street was recommended for approval subject to the following conditions: 1. Lot coverage not to exceed 510. 2. Setback on Brewster Avenue to be 25 foot minimum. 3. Side yard on Lowell Street to be 10 foot -minimum. 4. Side and rear side yards adjoining the key lot on Brewster Avenue and Lowell Atreet to be 10 foot minimum. A resident appeared before the Council asking that it be ascer- tained if the church could meet the requirements of the permit before a permit was issued. His reason for this request was that he felt only part of the church would be built at this time and that it might be a detriment to surrounding property if the balance of the building could not be built. He also did not feel that a two story building should be allowed in this district. Councilman Werder expressed the opinion that it was understood that the church did not need a permit from tW= he � Council to build on the lot but that it was necessary in order to build on. more of the lot than was allowed by ordinance. He felt that the Planning Commission's recommendation would allow too much area to be covered and for that reason was not L� in favor of accepting their recommendation. It was also pointed out by City Attorney Currie and Councilman Werder that it would not be necessary for the church to obtain Council approval to build a two story building. It was the opinion of Mayor Hilton that it was more desirable to have a one story building than a two story one on this lot. Councilman Granger questioned whether this Council could grant a permit for a building that was not to be completed for a period of several