Las Vegas City Commission Minutes, December 8, 1959 to February 17, 1960, lvc000012-7

Mr. Jones then referred to the question of whether or not the City Commission knew, when approving the Zone Change, that his client would ask for a Use Permit, saying he recalled quite clearly that Commissioner Whipple made the statement that he would he opposed to a Service Station at that location. He went on to say he felt the investment that would he made for the proposed use would help the City. Mr. Jones stated further that he did not believe just because a use was protested that the potential use of the property should he denied. In referring to the Planning Commission, he said: "These people are experts - I will not say whether they are right or wrong - hut it appears plain to me, if you are going to have to have parking spaces, if he puts in a commercial type building, he would not he able to do that because he does not have enough land." Mr. Longley then asked permission to reply to Mr. Jones' remarks concerning protest. He said the Planning Commission appreciated having citizens take the time and interest in City business. Mr. Jones stated he believed the record would show that at one time the Planning Commission, or the City Commission, recommended that the Use Permit be granted. Mr. Bills said the Planning Staff recommended that the property be zoned C-1, but at no time did he recall that it proposed that a Filling Station needed to go there. Don Saylor, Deputy Director of Planning, stated at this point that the Staff recommended to the Board of Zoning Adjustment that approval be given in reference to the Use Permit for a Filling Station. In response to Commissioner Fountain's question as to how long ago that was, Mr. Saylor said it was a month or so ago - after it was zoned C-1 and after the application had been made for the Use Permit. Mr. Empey said he was on the first field trip for the inspection of the site and it was agreed that it lended itself for only one thing - that there were a lot of things that would be more detrimental to the abutting properties than a Service Station. Commissioner Fountain stated he felt that the investor on that property is entitled to a fair return on his investment. "I can see the people immediately adjacent affected by a commercial use, but I cannot see people three or four blocks away protesting," he said. Commissioner Whipple stated in his opinion that people protesting any use on the basis of trying to keep out competition is not the American way of life. Commissioner Whipple then remarked there are Service Stations and Service Stations - that some are regular junk yards - those places that are open all night dumping bulk gas at ten or eleven o'clock at night - those are the things that are obnoxious, not the stations that close down at a reasonable hour. Commissioner Fountain then reiterated his observation that he has two service stations across the street and one Frostie-Freeze Drive-in would create more noise than both the stations. There followed a short general discussion on the height of the wall to be required and Mr. Jones said his client would either increase or decrease the height of the present 5 ft. wall. In response to Commissioner Whipple's question as to whether the Commission could place controls on a Use Permit, Mr. Bills stated that controls under the Use Permit procedure could be placed at the discretion of the Commission - "You can put in any regulations that are reasonable," he said. Mr. Jones said if the Use Permit was granted his client would not want to be required to close at 10:00 P.M., if the other station was permitted to stay open. To this Commissioner Whipple replied that the station now located there was there at the time the residents purchased their homes while the proposed one would be a different matter. Mr. Hardin then spoke at some length on behalf of himself and other property owners in the area to the effect that because he was adjacent to the proposed site he should not have to stand the loss in property value that would ensue. Commissioner Whipple then asked Mr. Jones if it was correct that this application for the Use Permit was submitted by Wilbur Clark, to which Mr. Jones replied that it was. It was then pointed out that Mr. Clark would sell the land to the Richfield Oil Company if the Use Permit was granted. Commissioner Whipple moved that any action by the City Commission be deferred for a full Board. Motion seconded by Commissioner Elwell and carried by the following vote: Commissioners Elwell, Fountain, Whipple and His Honor Mayor Gragson voting aye; noes, none. Absent: Commissioner Sharp. 12-8-59