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517 VARIANCE (V-13-59) Bernice Butterfield Approved USE PERMIT U-20-59 Jessie M. 0'Day Referred to Planning Commission Commission). Commissioner Fountain moved that Clabe F. Hall, operator of the Hollywood Sportsbook, 115 North 1st, be cited to appear before the Board of City Commissioners at 7:30 p.m., September 16, 1959, to show cause, if any he had, why his Sportsbook License should not be revoked. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson -voting aye; noes, none. Absent: Commissioner Elwell. Chief Sheffer further advised that the Hollywood Sportsbook was presently closed and requested this license remain in suspension until hearing had been held. Commissioner Whipple asked if Clabe Hall was present, and Mr. Hall stepped forward to speak in his own behalf. Commissioner Fountain told him they had just read his letter and asked if there was anything he would like to state. Mr. Hall replied that he fully realized the mistake he had made and that his future was at stake and he assured the Commission he would do anything required to permit him to continue in his business and that he would be at the place of business 12 or 14 hours a day, or however long it was necessary, and that nothing unfavorable would ever come up again. Commissioner Whipple asked him if he considered his license worth very much and Mr. Hall answered that he did. Then Commissioner Whipple asked him why he did not take care of his license. Mr. Hall stated that he had committed a grave error which he realized, and he would do anything in the world to keep his license. Commissioner Sharp asked if the wagers had been paid off and Chief Sheffer advised at the present time partial payment had been made to both winners and they had been given promissory notes by Mr. Hall for the balance due them. Commissioner Sharp said he would like to know what the financial status was of the establishment and City Attorney Cory stated that the solvency of this business could be established at the show cause hearing. Commissioner Fountain moved that due to the seriousness of the situation, the Hollywood Sportsbook, 115 North 1st Street, remain closed until such time as show cause hearing had been held. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Elwell. The Commission considered the application of Bernice Butterfield for a variance to allow Margaret Frisbie to operate a rest home for the aged at 713 Linden, legally described as Lots 9 and 10, Block 8, Buck's Subdivision, in an R-3 zone. Approval was recommended by the Board of Zoning Adjustment on the basis that the property is presently used as a boarding house (legal non-conforming use) and that there would not be much difference between the present use and the proposed one. There were no protests. Deputy Director of Planning advised the Commission that the building had been checked by the Building Department and the Fire Department, and met the code. Commissioner Fountain moved the application of Bernice Butterfield for a variance to allow Margaret Frisbie to operate a rest home for the aged at 713 Linden, legally described as Lots 9 and 10, Block 8, Buck's Subdivision, in an R-3 zone, be approved as recommended by the Board of Zoning Adjustment subject to the following conditions: 1. That the housing of patients be restricted to the first floor of the building. 2. That the rest home permit be subject to annual inspections by the License Department and that it be non-transferable. 3. That the applicant agree to enter into an assessment district for the installation of improvements when such a district is formed for this area. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Elwell. The Commission considered the application of Jessie M. O'Day for a use permit to allow Virgil Sells to operate a wedding chapel at 222 South 2nd Street, legally described as Lots 22 and 23, Block 13, Clarks Las Vegas Townsite in a C-1 zone. Deputy Director of Planning, Donald Saylor, advised the Commission that Virginia Ball was granted a use permit to operate a wedding chapel at this address two years ago; however, this use permit was revoked in July of this year primarily because Mrs. Ball had misrepresented herself as the owner of the property and certain improvements she had agreed to had not been completed. Denial was recommended by the Board of Zoning Adjustment on the basis that it was not proper to grant a use permit to conduct a use which was not permitted by the ordinance. There were no protests. Mr. Saylor advised further that the wedding chapel had been operating pending action on this application. Commissioner Sharp asked if this whole area was not being considered for C-2 zoning and Mr. Saylor replied that it was and the hesitancy to recommend C-2 zoning had been primarily due to parking requirements. He added the Planning Commission had under study at this time a proposed ordinance amendment that would somewhat take care of this situation. Director of Public Works Sauer stated this area would also come under the proposed downtown improvement district. Commissioner Sharp moved this application be held in abeyance. (This motion failed for the lack of a second). Commissioner Whipple moved this application be denied as recommended by the Board of Zoning Adjustment. 9-2-59