Las Vegas City Commission Minutes, November 20, 1957 to December 2, 1959, lvc000011-632

it came up before the Planning Commission he did not think too many of them objected to the C-1 zoning, as they realized that this lot would have to be rezoned for some commercial use. Mr. Harden added that Mr. Garth of the Planning Commission stated emphatically that in changing the zoning to C-l, it would allow the applicant to place some kind of business on this corner and it was stated then that it would not be a gas station. At one time, Mr. Harden explained, construction of a house was started on this lot and then it was subsequently torn down and they had been told a little City Park was to be developed there. He concluded there were others who were in protest but were not present as he himself had not been aware this application was to be considered tonight until he had read it in the evening newspaper, and he urged that this permit be denied for a gas station and this property be developed into some other commercial use. Mrs. Max Harden, representing her neighbor, Thelma Pike, whose property was adjacent to this location, stated she definitely did not want a gas station constructed there because of the fumes, traffic and general cluttering up of the area. Julius Gabriele, 1301 Arrowhead, objected to this use permit for a gas station as he owned a $65,000 home and such a use would lower the value of his property. Herbert Jones, Attorney representing the applicant, stated this made the 6th or 8th appearance he had made in regard to this matter and he believed the Commission was very familiar with the problem before them. As to the possibility of another type of building, this small triangular lot would not allow for sufficient parking required by City ordinance. Mr. Jones believed it was the Commission's duty and desire to see that land in the community was put to beneficial use and not have it remain undeveloped. He mentioned the fact that the service station owner across the street had had the audacity to protest; furthermore, some of the objectors had little reason to protest and he believed that ultimately a service station would be put in there as there would be inadequate parking for any other type of commercial development. Commissioner Sharp stated this was a very difficult decision to make and he was in sympathy with the property owners; however, the service station across the street, which he believed was constructed before the houses were built, represented an identical situation. Commissioner Fountain stated the subdivider should never have allowed this triangular piece of property to remain there and, inasmuch as it was the policy of the City Commission to meet with the Planning Commission when they did not concur with their recommendation, he moved the application of Wilbur Clark for a use permit to construct a gasoline filling station at 1550 Tonopah Highway be held in abeyance, and a meeting between the Planning Commission and City Commission for discussion on this matter be held at 7:00 P.M., December 8, 1959, in the Office of the Mayor at the City Hall. Motion seconded by Commissioner Whipple and carried by the following vote: Commissioners Elwell, Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. VARIANCE V-19-59 Planning Director Bills presented the application of Lewis J. and Katie Abrahams for a variance to construct 9 motel units and a utility room at 1919 Sunrise Lewis & Katie Street, between 18th and 19th Streets, legally described as Lots 19, 20 and 21, Abrahams Block 3, Church Addition, in an R-3 zone. He added this property was a continuation of property fronting on Fremont, presently used for a motel, and the applicants Referred to Planning proposed to extend this use over all of their property. Commission Mr. Bills stated that sometime ago the applicants present a request to the Planning Commission to rezone this property and property owners on Sunrise Avenue, to the north, protested because they did not want a motel across from their homes, due to the congestion of traffic. He continued that public hearing was held and subcommittee appointed to study that application, with resulting recommendation that it be denied. Then the Planning Commission advised the applicants to apply for a variance permit and in that way some particular control could be kept on the rear access. Approval of the variance permit was recommended by the Board of Zoning Adjustment, subject to the following conditions: (There was one protest at the Board of Zoning Adjustment hearing.) 1. Conformance to the plot plan as submitted. (Plot Plan shows a 6' concrete fence along Sunrise Avenue.) 2. Signing of an improvement agreement and filing of bond sufficient in amount to cover cost of offsite improvements, as recommended by the Engineering Department . 3. That the storage of garbage cans be prohibited along the Sunrise Avenue frontage and that no signs or other forms of advertising be permitted along Sunrise Avenue. Mr. Bills advised that the Fire Department specifically recommended that access be provided at the rear on Sunrise Avenue, for firefighting purposes, and it appeared to him the only solution would be for the City Commission to deny or approve this application, subject to the conditions as recommended by the Board of Zoning Adjustment, or subject to assess requested by the Fire Department. Mr. Bills stated a Vacation Hearing (VAC-8-59) on this alley was being held by the City Commission on January 6, 1960, and it might be desired to defer action on this matter until after this hearing. Commissioner Sharp asked if a motel was a permitted use in an R-3 zone, which was the present zoning of this property, and Mr. Bills replied a motel was allowed as a regular use in a commercial zoning; however, in an R-4 zoning a motel was a permitted use only when the property abuts a major highway and in a C-1 zone a motel was allowable with certain restrictions. Commissioner Sharp was of the opinion this property should be rezoned from R-3 to C-1, as the present 12-2-59