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Commissioner Elwell moved the application of Ben Taylor for a variance to replace an existing non-conforming dwelling with a new one at 707 Jackson Avenue be denied, as recommended by the Board of Zoning Adjustment. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Elwell, Sharp, Whipple and Bis Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Fountain. VARIANCE V-17-59 The Commission considered the application of Claude I. Howard for a variance Claude I. Howard to construct a 5-unit apartment building on a 5,528 square foot lot at 222 New York Avenue, between Industrial Road and Fairfield Avenue, legally described as Approved a portion of the NW¼, NW¼, NE¼, SE¼, Section 4, T21S, R61E, in an R-4 zone. Director of Planning Bills explained if this lot contained 6,000 square feet, Mr. Howard would have been able to build 6 units thereon; however, under the ordinance, he could only build one unit on this size lot which was large enough to accommodate five units with sufficient parking and setbacks. Commissioner Sharp moved the application of Claude I. Howard for a variance to construct a 5-unit apartment building at 222 New York Avenue be approved as recommended by the Board of Zoning Adjustment subject to the following conditions: 1. Conformance to the plot plan as amended. 2. Signing of an agreement to install sidewalks as recommended by the Engineering Department. Motion seconded by Commissioner Whipple and carried by the following vote: Commissioners Elwell, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Fountain. USE PERMIT U-16-59 The Commission considered the application of Wilbur Clark for a use permit to Wilbur Clark construct a gasoline filling station at 1550 Tonopah Highway, generally located at the southeast corner of Vegas Drive and Tonopah Highway (U. S. Highway 95) Refer to legally described as Lot 1, and a portion of Lots 19 and 20, Block 21, Twin Planning Commission Lakes Village Unit #5, in a C-1 zone. Mr. Bills advised the Commission that the Board of Zoning Adjustment had no recommendation, inasmuch as a motion to approve this application failed to pass, and a motion to deny failed to pass. He stated, further, that three letters of protest were received and there were seven protestants present at the hearing. Commissioner Sharp stated at the joint meeting between the Planning Commission and City Commission, which was held recently, the Planning Commission asked that this particular application be referred to their Board for further study; therefore, Commissioner Sharp moved the application of Wilbur Clark for a use permit to construct a gasoline filling station at 1550 Tonopah Highway be referred to the Planning Commission. Motion seconded by Commissioner Elwell and carried by the following vote: Commissioners Elwell, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Fountain. USE PERMIT U-21-59 Commissioner Sharp moved the application of A. G. Noorda for a use permit to A. G. Noorda construct professional offices at 2100 Maryland Parkway, legally described as a portion of the SE¼, NE¼, SE¼, SE¼, Section 3, T21S, R61E, generally located on Approved the west side of Maryland Parkway, between St. Louis and San Francisco, in an R-4 zone, be approved as recommended by the Board of Zoning Adjustment, subject to the following conditions: 1. Conformance to the Plot Plan as submitted. 2. That no more than one sign per office, including the pharmacy, be permitted, and that such signs shall be no more than 1' x 3', non-neon, non-flashing, non-internally lighted, and be placed flat against the building and not projecting beyond any building or roof line. 3. That the pharmacy be restricted to the selling of pharmaceutical goods and prescriptions and that it be specifically noted that the pharmacy is an incidental use to the particular professional offices at this location. 4. Signing of an improvement agreement and posting of bond for the installation of sidewalks and street lights. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Elwell, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Fountain. USE PERMIT U-25-59 The Commission considered the application of the U. S. Department of Agriculture U. S. Department of for a use permit to conduct a quasi-public use, to wit: Forest Service facilities Agriculture at 1217 Bridger Avenue, between Maryland Parkway and 13th Street, legally described as the west 95' of Lots 9, 10 and 11, Block 4, Ladd's Addition, in an R-4 Approved zone. Applicant proposed to use the existing buildings, consisting of a small office space and sleeping quarters, for this facility. Director of Planning Bills advised the Commission approval had been recommended by the Board of Zoning Adjustment, subject to certain conditions, one of which had. been that the applicant enter into an assessment district for improvements when such district was formed; however, information had been received that the U. S. Government was not allowed to sign such an agreement, as such, and this stipulation had been deleted. City Manager Kennedy stated, even though the Government could not make such an agreement, it would be possible to assess them for the improvements. Director of Public Works Sauer advised there was a half-alley involved and it would possibly be five years before such an improvement would be required. 11-4-59