BOOK 26_1955-11-28 to 1957-06-17

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49- I offer said proposal in all sincerity and I call your attention to the Constitution of the United States of America - the now famous and oft referred to fifth amendment, a part of the original bill of rights, amongst other provisiohs does provided and I quote - ". ..nor be deprived of live, liberty, or property, without due process of law; nor shalprivate property be taken for public use, without just com- pensation." Therefor, to avoid the possibility of doing injustice to the least of our people, I feel it highly.essential that we affirm that provision of the law of the land. With reference to proposed changes to Sec. 20.5, par. 11, I offer the suggestion that same be amended by adding words substantially of the following import at the proper point - "The Adjustment Board shall forward to the council at least 5 days before date set for such public hearing a complete written record and report of its action, together with all pertinent documents bearing on the subject." This I believe highly essential if the members of this council are to pass judge- ment only after being fully cognizant of all the facts bearing on the subject. p' In connection with par. 4, which proposes to add Sec. 8-A and sets up the new R -3-G, multiple dwelling zoning or district, I believe it would be appropriate, and I so recommend, that in connection with the limitations on the height of buildings to a maximum of 35 feet, provisions be added as will indicate that no height variations over said maximum may be allowed either by variance or use permit notwithstanding the provisions of sec. 15 of the ordinance. Further it may be appropriate to include provisions in connection with this section a provision for architectural approval by the Planning Commission as to design, etc. As to par. 5, which establishes the proposed Neighborhood Commercial or C=N areas by adding ,Sec. 10-A to the ordinance, I suggest that food stores be excepted from the 5,000 square feet limitation and that provisions be inserted as will permit a maximum of approximately 10,000 square feet for such purpose. In connection with this section I would also suggest that provisions be included as will ensure that the height limitations of a maximum of 35 feet will be strictly adhered by stipulating that they cannot be increased by the grant of variances or use permits. It also occurs to me that reconsideration should be made as to the advisability of permitting service stations and other similar activities within such areas. Lastly, in order to ensure that the purpose for which this new type of.zoning or district is being I created will be adequately safeguarded and the general atmosphere and character of the area in which located is maintained in inviolate as possible, it is essential that provisions for such conformance are provided by proper requirements and which naturally should include architectural approval by the Planning Commission as to design, etc. s Finally, the establishment of the new types of zonings or district, and of course f' the forthcoming adoption ultimately of the Land Use Plan, and the consequent and to be expected applications for rezonings, it must be evident that considerable non -conform- ing uses will be created. Property owners have a right of know how ultimately they may or can be required to bring their properties into conformity. For that purpose, I suggest that the Planning Commission be requested to study amid make recommendations to this council at an early date, of the advisability of establishing necessary }} regulations by ordinance as will be substance provide for the continued use and orderly amortization of all non -conforming uses." i Councilman Stout spoke in regard to R -3-G zoning and asked that some thought be given before placing R -3-G zoning in R-1 zoning areas from an architectural standpoint. He also"spoke in regard to the limit of 5,000 square feet for a commercial building in y C -N areas. t Councilman Granger moved that all the recommendations and suggestions be referred to the Planning Commission for study, "seconded by Councilman Stout. It was the opihion of the Council that the recommendations and suggestions should be 'referred to the Planning Commission but it should also be understood that the suggestions made by Councilman Weiss was his own suggestion and did not have the support of the majority of the Council. Councilman Granger changed his motion that the study minutes of the Council be referred to the Planning Commission for their consideration and also the suggestions made by other members of the Council. This was followed by discussion. Councilman Herkner moved an amendment to the motion, at which point the Mayor rulad all the motions out of order and asked for a motion to close the public hearing. Council.lan Weymouth moved that the public hearing be closed, seconded by Councilman Stout and carried. Councilman Granger moved that the minutes of the study meeting of June 5th be referred to the Planning Commission for consideration and also that the remarks of Councilmen Weiss and Stout be referred to the Commission for consideration. Councilman Herkner stated that the majority of the Council did not agree that the Planning Commission should stop asking for free property lbo be deeded to the City.