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' . . . . . ' _.. _ . " " & . <br /> 44`� <br /> � held before the Planning Commiss'ion, although final decision was held in <br /> abeyance, and that the r.�atte had come up before the Gity Council vuhen Mr. <br /> Dunn quoted Mr. Morgan as saying that there was objection to the appli- <br /> � cation being brought to the City Council. There was discussion ae to <br /> ' whether or not a public parking lot was being considered for Arch Street, <br /> ' outeide of the soope of the variance granted. 'Attorney McCarthy assured <br /> the Council that Mr. Dunn had clearlp indicated that there�,would be no <br /> commercial parking lot maintained, Councilman Werder said that the grant- <br /> ing of variances would allow a flexible.�application of ordinances which <br /> � might be inapplicable if rigidly construed and that the judgment of the <br /> ' Council could be relied on to use the right to grant variances in a way <br /> � that would benefit the City. Councilman Armstrong objected to the ordi- <br /> nance on the ground that public hearing before the Planning Commission ia <br /> reouired prior to granting variances, but that there is no comparable <br /> provision for use permits. City Manager Blom called attention to the fact <br /> � that the purpose of this ordinance is not to encourage spot zoning, but to <br /> relax etrict application of Qrdinance 460 where the zoning ordinance im- <br /> poses unnecessary hardahips, or where there axe practical difficulties <br /> � barring its application, Councilman Britschgi stated that rezoning ie <br /> possible under the provisions of the proposed amendmenta. Mr. Blom said <br /> that, that vuas not his opinion, but that eome use variance might be granted , <br /> to protect already existing cases of non-conformance; that, however, the <br /> ' purpose of the ainendment extends to public and semi-public buildings and <br /> institutions. Councilman P�erder offered the introduction of the Ordinance <br /> Amending Ordinance 400 and incorporating the provision that notice be given <br /> to property owners within 275 feet of public hearing prior to granting <br /> "either use permits or variances. The motion failed for lack of a second. <br /> . � ,�"��„L''�v. b . <br /> Mr. McCarthy stated that provisions of this ordinance are incorporated 'in �' <br /> a county ordinance and are not abused. Councilman Granger stated that the <br /> • county does not have much of a business dietrict. Mayor Hilton aeked that <br /> copies of this ordinance be again mailed to Council members. <br /> REBTRICTING THE HEIGHT OF HEDGES, INTRODUCTION OF ORDINANCE: Councilman Britschgi <br /> offered for introduction an ordinance, seconded by Councilman tiVerder, reatrio- <br /> ting the height of hedges, shrubs and providing for the pruning of trees <br /> ' to improve visibility at etreet interaections and driveways. Mot3on unani- <br /> mously passed. <br /> PUBLIC PARKING LOT3, Discuesion of Proposed Ordinance: Councilman Armstrong <br /> auggeated that the property 3n Perry Street�might be acquired by the City by <br /> a petition of the property ovmers, thus making the ordinance unneceaeary. <br /> ' Attorney McCarthy confirmed this view. However, he added, if the Perry <br /> Street property is acquired by petition, the problem will rearise if new <br /> areas are sought. Mr. Armetrong said the provisione proposed were still <br /> ; untried and might not be workable. Mr. MeCarthy said that the ordinance <br /> incorporates much of a state statute on thia subject. The new a.spect in- <br /> • troduced is the initiating of the proceedings by the City Council, and <br /> �- that he tielieved this would be upheld by a court. Councilman Armstrong <br /> � - <br />