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USE PERMIT (U-1-59) The Commission considered the application of the Homesite Baptist Church for a Homesite Baptist Church use permit to construct an off-street parking lot facility adjacent to an existing church at property located on the southwest corner of Mesquite and 25th Streets, Abeyance legally described as Lots 21, 22, 23 and 24, Block 2, Boulder Dam Homesite #4, in an R-1 zone. Approval was recommended by the Board of Zoning Adjustment, subject to the following conditions: (There was one protest by an adjacent owner.) 1. Signing of an offsite improvement agreement and filing of a bond to cover the cost of offsite improvements recommended by the Engineering Department: to-wit, alley paving from the existing pavement on 25th Street to the west right-of-way line. 2. Dedication of 20' along the east side of the property on 25th Street as required by the Master Plan of Streets and Highways. 3. Conformance to the plot plan. 4. That the parking lot be surfaced with gravel or asphaltic concrete. The applicants do not agree to signing the improvement agreement, posting of the bond or dedication of 20' on 25th Street. They had expressed the desire to discuss this with the Mayor and Board of City Commissioners. Planning Director Bills stated that there is a serious parking problem during church services and explained further that the church was erected before the requirements were set for offsite parking. He said that the improvement agreement asked for the improvement of the alley and the surfacing of the parking lot with asphalt concrete and required the posting of a bond in the amount of $226.38; however, since then there has been some agreement with the Engineering Department not to insist on the bond. Director of Public Works Sauer stated that the foregoing is correct, but he also understood that the church people do not desire to surface the parking lot at this time and that under ordinance parking lots are required to be surfaced. He added that if the Board saw fit to waive this requirement then it would not be necessary to surface the alley either. The Reverend Joseph Melnikoff spoke from the floor stating that he talked with Mr. Uehling, Principal Civil Engineer, and he assured him they would maintain their portion of the alley where the cars come in and out and that they are having a contractor come in and fill this lot in and roll it. He (Mr. Uehling) stated that an oral agreement would be satisfactory to them. Mr. Sauer stated that there might have been a slight misunderstanding. He added that if the parking lot is paved, then the alley would have to be paved as it would be used as an exit and entrance to the parking lot. Commissioner Sharp asked about the dedication of the 20' along the east side of the property on 25th Street. Rev. Melnikoff replied that they had brought their plot plans into Mr. Bills in the Planning Department and that it would hinder their building program if this land were taken away from them. He went on to explain that their land is owned by the Nevada-Sierra Baptist Convention and they would have to meet on this to see if they would sign away this land or give them the authority to do so. Mayor Pro Tem Whipple stated that it would be better to consider this now as 25th Street will be a busy thoroughfare. The Reverend asked what they would received if they did deed the 20' to the City for Street purposes and the Mayor Pro Tem replied that they would receive nothing but that they would benefit by the widening of the street improvements. Mr. Sauer asked if the plot plan had been turned into the Building Department and the Reverend stated that it had been turned into Mr. Saylor at the Planning Commission Meeting and that they plan to use a gravel surface for the parking lot and would put down an asphalt surface later on. He stated that he thought they would be granted a temporary parking lot permit. Mayor Pro Tem Whipple suggested this matter be held in abeyance and that Reverend Melnikoff bring some of the church trustees to meet with the board in the Mayor's Office at 7:00 P.M. on March 11, 1959. Commissioner Sharp moved that this application for a use permit to construct an off-street parking lot facility adjacent to an existing church as property located on the southwest corner of Mesquite and 25th Streets, be held in abeyance and requested Reverend Melnikoff bring some of the church trustees to meet with the Board in the Mayor's Office at 7:00 P.M. on March 11, 1959. Motion seconded by Commissioner Fountain and carried by the following vote: Commissioners Bunker, Sharp, Fountain and His Honor Mayor Pro Tem Whipple voting aye; noes, none. Absent: Mayor C. D. Baker. USE PERMIT (U-2-59) The Commission considered the application of W. H. Higgenbotham for a use permit to International Church allow the International Church of the Four-Square Gospel to conduct a commercial of 4-Square Gospel nursery on property located at 318 South 11th Street, between Lewis and Bridger, legally described as Lots 23, 24, 25 and 26, Block 11, Pioneer Heights, in an R-4 zone. Application Withdrawn Denial was recommended by the Board of Zoning Adjustment. There were two letters of protest; four protests in person; and a petition of owners and tenants in protest. Planning Director Bills explained further that there was an over-whelming neighborhood protest consisting of some 71 names and representing possibly 35 homes as some of the names were husbands and wives. Reverend Higgenbotham spoke from the floor stating that in view of the many protests against their request that before they withdrew their application, he would like to point out to the City Commission that the Four-Square Church was located there many years before the apartment houses were built and they felt two or three had legitimate reason to protest; however, they felt the owners who built next to the church should have expected the church to grow. He stated that they would like to withdraw their application for a nursery for 24 children and reduce it to 9. 3-4-59