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USE PERMIT U-29-59 Planning Director Bills presented the application of Louis Miranti for a use permit to construct a water tank at the southwest corner of Washington Avenue Louis Miranti and Minnesota Street, legally described as Lots 1 and 2, Block 1, Las Vegas Square, in an R-1 zone. Mr. Bills stated this proposed water tank was a part Approved of the water system for Brentwood and Golfridge Terrace; which was originally proposed to be located in Golfridge, and, engineering-wise, either location would serve. The proposed location was adjacent to a future fire station site. Commissioner Sharp asked if there would be sufficient water to service other areas and asked Mr. Miranti, if the need arose, if he would do so, and Mr. Miranti stated he would if he had the water available. Commissioner Fountain moved the application of Louis Miranti for a use permit to construct a water tank at the southwest corner of Washington Avenue and Minnesota Street be approved; as recommended by the Board of Zoning Adjustment; subject to the following conditions: 1. Conformance -to the plot plan as submitted. 2. Signing of an improvement agreement and putting up a bond sufficient in amount to cover the cost of the offsite improvements; as recommended by the Engineering Department. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Elwell, Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. USE PERMIT U-30-59 Planning Director Bills presented the application of Twin Lakes Shopping Center, Twin Lakes Shopping Inc., for a use permit to construct a filling station at 720 Tonopah Highway, Center legally described as a portion of the NW¼, SE¼, Section 29, T20S, R61E, generally located on the east side of Tonopah Highway between Bonanza Road and Washington Approved Avenue in a C-1 zone. Mr. Bills stated that because of this location and the proximity to this intersection, this application was referred to the Traffic and Parking Commission and recommendation was deferred by that Board; pending investigation by the Traffic and Parking Engineer; to determine if the filling station curb cuts would be in accord with the proposed island designed for this location; subsequently, this engineer had given his opinion there would be no conflict with this right-of-way nor with the public safety and convenience. Commissioner Sharp moved the application of Twin Lakes Shopping Center; Inc., for a use permit to construct a filling station at 720 Tonopah Highway, be approved as recommended by the Board of Zoning Adjustment, subject to confirmation by the Traffic and Parking Commission of the Traffic Engineer's recommendation and subject to the following conditions: 1. Conformance to the plot plan as submitted. 2. Signing of an improvement agreement and filing of a bond sufficient in amount to cover the cost of offsite improvements; as recommended by the Engineering Department. 3. Conformance with the requirements of the Fire Department. Motion seconded by Commissioner Whipple and carried by the following vote: Commissioners Elwell, Sharp, Whipple and His Honor Mayor Gragson voting aye; Commissioner Fountain asked if the Traffic and Parking Commission would be making the final decision on this application and Mr. Bills replied they would merely take action at their next meeting to confirm the findings of the Traffic Engineer. Commissioner Fountain voted no. His Honor Mayor Gragson commended the Planning Department on the fine drawing of this proposed development, which enabled them to see the exact situation. USE PERMIT U-16-59 The Commission again considered the application of Wilbur Clank for a use permit to construct a gasoline filling station at 1550 Tonopah Highway, generally located Wilbur Clark at the southeast corner of Vegas Drive and Tonopah Highway (U. S. Highway 95), legally described as Lot 1, and a portion of Lots 19 and 20, Block 21, Twin Lakes Held in Abeyance Village Unit #5; in a C-1 zone. Planning Director Bills advised that the rezoning of this property to C-1 was approved on the basis that this parcel could not be properly used for a singlefamily home and at that time it was understood an application for a use permit to allow the filling station would have to be approved by the Board of Zoning Adjustment and the City Commission. Such an application was subsequently submitted to the Board of Zoning Adjustment, property owners were notified, public hearing held, and there was on file the protests to this application. Mr. Bills stated further that the Board of Zoning Adjustment could not arrive at a decision and the application was referred to this Board of City Commissioners on November 4, 1959 without recommendation. At that time this Board referred the application to the Planning Commission and a sub-committee was appointed to study this matter. As a result, the Planning Commission recommended this application be denied. Mr. Bills advised there were some people present who wished to be heard on this matter. Robert Smith, 3037 Vegas Drive, stated his home was directly alongside of this property and he had lived there four years. He added a filling station was not needed at this location, and was of the opinion this property could be put to a better use for the community; therefore, he was opposed to this application 100%. He added the applicant had said he would erect a 6' concrete wall between his home and the station; however, he felt that would be like living in a prison. Max N. Harden, 1305 Arrowhead Avenue, spoke in protest, stating that at the time this rezoning came up before the Planning Commission it was stated by the real estate gentleman present that the reason for the zoning change was so they could construct a gas station, and at that time the Planning Commission unanimously turned it down and so did the City Commission. He continued that the second time 12-2-59