Las Vegas City Commission Minutes, December 8, 1959 to February 17, 1960, lvc000012-16

Commissioner Sharp inquired if there was any manner in which the filling station could he screened off from surrounding property which would be satisfactory to the property owners. Mr. Robert Smith, a property owner, stated that if a wall were erected of sufficient height to screen the gas station, it would not permit adequate air to enter his home and he would not be able to see out above the wall; furthermore, that three of the bedrooms in his home were directly across the road from the proposed filling station and; because of this, it would be impossible to sleep days, because of the noise created by cars going in and out and bells ringing. In addition, Mr. Smith stated the proposed filling station would devaluate his property by at least a couple of thousand dollars. Another property owner asked the Board of Commissioners if they would like to have a gas station in their backyards, to which Commissioner Fountain replied that there was a case on Bonanza where they went right through the people's front yard and that Mr. Burley Jones had a laundry next to his home. He commented, further, that the home of the property owner (who had just spoken) was much farther from the proposed service station than people living across from him and that those people built their homes after that service station was built. The property owner then stated that, in his opinion, something is lacking in the City Ordinances or rules and regulations if a tract builder such as built their homes is allowed to present a beautiful community to the City Planning Board, gets Planning Board approval and the approval of the Board of City Commissioners, and then cuts off a corner here and there and requests that these corners be rezoned. He added the people living in that area did not want a gas station and, although he was not immediately involved, Mr. Smith would have a real problem. He continued that people living in that area had spotlights, to light up their backyards, and in nice weather spent a great deal of time in their backyards and did not want to be looking at a filling station. He mentioned, further, that he did not think it was right to allow a subdivider to deviate from the original plans and he thought there should be some jurisdictional rule to this effect, so that when a person buys a home - and people who buy tract homes usually buy just one in a lifetime - they will not have a gas station facing their backyards because the builder wants to make a little more money. Commissioner Fountain stated he had no argument with this property owner on that point. The property owner then maintained that if this Use Permit is approved, all property owners in the vicinity would be penalized. Mr. Robert Smith stated that he would rather take a chance on this property being used for some commercial purpose other than a gas station. Mr. Herbert Jones, attorney, stated that the Board of Commissioners had heard him six or eight times, that he had said everything possible, and hoped the Use Permit would be granted. Commissioner Sharp moved Use Permit U-16-59 be denied, stating he respected Mr. Herbert Jones' judgment, but could not see people's homes being penalized. Motion seconded by Commissioner Whipple and carried by the following vote: Commissioners Sharp, Whipple and His Honor Mayor Gragson voting aye; Commissioner Fountain voting no, stating he sympathized with the property owners, but progress cannot be stopped and it was his thought that nothing but a service station could be built there. Absent: Commissioner Elwell. Planning Director Franklin Bills presented the application of Franklin Realty and Development Co. for reclassification of property legally described as a portion of the East 843.03' of the South 683.7' of the SE¼ of the SE¼ of the SE¼ of Section 3, T21S, R6lE, MDB&M, generally located on the NW corner of San Francisco Avenue and Maryland Parkway, containing 9.535 acres, from R-1 and R-2 to C-C. He stated this involved the use of the formula included in the Ordinance defining neighborhoods and, as the area requested for the C-C zoning formula and procedure, a reasonable detailed plot plan and preliminary layout had been submitted, which had been checked, rechecked and amended, and he submitted this plot plan and preliminary layout for the Board of Commissioners' inspection. He informed the Board of Commissioners that the applicant would be required to sub­stantially follow the plan submitted. He continued that the applicant had also submitted the required construction schedule, comprising three units, which should be completed by January, 1962. He stated he specifically wanted to bring this out, because the matter of the construction schedule had been overlooked in the Planning Commission hearing. He pointed out there were substantial offsite improvements and stated the agreement should clearly state that these were the entire responsibility of the developer. 12-16-59 REZONING Z-29-59 Franklin Realty and Development Co. Approved