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no response to the N~yor's call for testimony, the hear~ was close~. <br /> <br />It was moved by Councilman Ruhbard, seconded by Council~u ~ that the <br />Council approve the reclassification ~nd instruct the City Attorney to prel~re <br />a~ amending ordinance according to ~hiBit AA 5~O A. <br /> <br />V.A. 1~ - Rearin~ was opened on Vari~uce <br />DAVIS Application 1~ filed hy John P. <br /> an~ Stalls E. Davis, to convert ~n <br /> existing duplex into medical offices <br />at 161~ I~Arant ~creet in the R 3 ~B district; hearing set ~u Council motion <br />after application denied By Zoning A~m~istrator. <br /> <br />The Clerk reported that notice of the hearing was maile~ to adjacent property <br />owners on ~ 22, 1~o~, an~ that a letter opposing the application had Been <br />received frc~Dr. Arthur B. Wa~e, 1616 N. Broadway. <br /> <br />Arthur Nisson, 2014N. Br~s~lway, representing the applicants, cited as special <br />circ,m-tances Jefferson School on the west, professional offices on the east, <br />and cc~aercialusers on the north, noting that residences on Durant in the <br />first Block s~uth of 17th Street are rental units with transient type of tenants. <br />He stated he had Been iufor~edBythe Zoning Ad~inistretor that the purpose of <br />the zone in which the subject property lies (R ~ ~) is to prevent increase in <br />value of property so that it can Be purchased for parWt~E for c~rcialuses; <br />that, in his opinion, if it were developed with apal~cmeuts it w~ulA, in fact, <br />increase parking problems; that this deprives the owners of the right to develop <br />to the ult~nate use of their land. ~r. Nisson su~mitted a par~ng pla~, not~ <br />that if the application is approved, one doctor would he moved frc~ the Broadway <br />Building to the Durant Street Building. <br /> <br />~. ~cCor~ack, attorney representing Dr. Wa~e, c~ponent, called attenti~ to the <br />fact that the application stated "none" on questions regarding special circu~- <br />stances ami property rights. ~e presented a sworn state.est of Dr. ~ade sh~,ing <br />the use of the existing parking lot already overcrowds the facility an~ stated <br />approval of the application would increase the off street l~r¥~-~ probl~a. The <br />statement was receive~ .~1 ordered fila~ By the Council, on ~otion of C~Aucil~an <br />~ubBar~ sec~ed by Counc~- Schlueter and carried. <br /> <br />Y~u rebuttal, Mr. Nisson stated the applicant proposes to have thirteen parki~ <br />Spaces forths subject property, and suggested a l~aitatien Be place~ on the <br />number of ~octore occ~in~ the bui~ to ~s~'thet C~ ~q~r~ts for <br />off tibet ~e~ c~be ~. ~ere be~ ~o ~her test~, ~e hea~ <br />~s cloled. <br /> <br />i~yor ~11 disqualified hi~eeif fr~a voting <br />Ccuncllaan ~ubbar~, seconded by Cc~ncil~m Gilmore an~ carried that the Couacil <br />overrule the action of the Zoning A~,ainistrato~ and inst~Act the City Attorney <br />to l~apare a resoluti~ ~rantin~ Variance l~O~ subject to the usual applicable <br />can~iti~s, ~ith the added condition that insofar as the applicants' castrol is <br />concerned there shall be no mere than two offices in the Durant Street build~ <br />an~ no '"Ore th~n one office in the Broadway <br /> <br />APPEAL 129, V.A. 1~3 - Rearing was opened on Appeal 129 <br />~D~LE~ACX ~ filed by B. E. Bruce ~el~er, Sa~lleBaek <br /> ~v,,., appealing a contition iil~Oled by <br /> the Zonin~ A~ainimtrator in his <br />approval ~f Vari&nce A~plication 1~ to alZcw off street l~rkia~ a~A to expand <br />a retail store area aaa to ccastrnct a si~n havin~ height ~reater t~ ~ feet <br />~ the R ~ district et 110-~ $. ~. <br /> <br />The Clerk raported that aetice of th~ hear~:~_= was sailed to a~aceat ln~erty <br />owners c~l Hay 22~ 1~ and that no written cca~tuicatie~ haAl Bees filed. There <br />being no response to the call for testinony~ the hearing was close~. <br /> <br />CA~:~ ¢0b~C~L - 406 - ~une 1, 1~ <br /> <br /> <br />