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approval. There were two protests. Planning Director Bills stated that the existing building is 3' from the lot line; however, original building was to be 5' as required. Mr. Bergan took the floor and stated that he wished to build in line with the existing dwelling and that he had $550.00 invested in the addition as of this time. He added that Mr. LeRoy Whipple's complaint was based on the fact that he was required to build within the requirements of the ordinance. Mr. Bergan explained further that the inspector was there three times when the original structure was built and never said anything. Commissioner Sharp stated the building permit showed this addition was to be 5' from the property line and it was then discovered the building was 3' from the property line. He added that there were a number of instances where houses built before the setback ordinance were built 3' from the property lines. Mr. Bergan stated that if this variance could be allowed then he could build this addition in line with the existing building. Commissioner Sharp moved that the application of Ben Bergan for a variance to construct an addition to an existing duplex within the required side yard, 3' from the side property line on property located at 217 South 13th Street, legally described as Lot 3, Block 11, Ladd Addition, in an R-4 zone, be approved as recommended by the Board of Zoning Adjustment. Motion seconded by Commissioner Fountain and carried by the following vote: Commissioners Fountain and Sharp voting aye; His Honor Mayor Pro Tem Whipple voting no. Absent: Mayor C. D. Baker. VARIANCE (V-10-59) The Commission considered the application of Clifford R. Skoglund for a variance to Clifford Skoglund interchange a side add rear yard at property generally located at the northeast comer of 6th and St. Louis, legally described as a portion of the NW¼, SE¼, Approved Section 3, T 21 S, R 61 E, M.D.B. & M. in an R-1 zone. The Board of Zoning Adjustment recommended approval. There were no protests. Planning Director Bills stated that the question arose as to whether or not five years from now the applicant would want to build in what will now be his side yard, if our records would be sufficient to show that he would not be allowed to do so. Mayor Pro Tem Whipple asked if anyone was present to protest this application, and there was not. Commissioner Sharp moved that the application of Clifford R. Skoglund for a variance to interchange a side and rear yard at property generally located at the northeast comer of 6th and St. Louis, legally described as a portion of the NWment , SEment , Section 3, T 21 S, R 61 E, M.D.B. & M. in an R-1 zone be approved as recommended by the Board of Zoning Adjustment. Motion seconded by Commissioner Fountain and carried by the following vote: Commissioners Fountain and Sharp and His Honor Mayor Pro Tem Whipple voting aye; noes, none. Absent: Mayor C. D. Baker. USE PERMIT U-12-59 The Commission considered the application of Melvin Moss for a use permit to allow Melvin Moss the Girl Scouts to operate a youth activities program on property located at 1229 Carson Avenue, legally described as Lot 9, Block 5, Ladd Addition, in an R-4 zone. Approved The Board of Zoning Adjustment recommended approval. There were no protests. Commissioner Fountain moved that the application of Melvin Moss for a use permit to allow the Girl Scouts to operate a youth activities program on property located at 1229 Carson Avenue, legally described as Lot 9, Block 5, Ladd Addition, in an R-4 zone be approved. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Fountain, Sharp and His Honor Mayor Pro Tem Whipple voting aye; noes, none. Absent: Mayor C. D. Baker. USE PERMIT U-13-59 The Commission considered the application of Carrie L. Hill for a use permit to Carrie L. Hill allow Helen Carruthers to operate a rest home for the aged at property located at 500 Van Buren Avenue between "E" and "F" Streets, legally described as Lots 5 Approved (less 40') and 6, Block 10, H.F.M. & M. Addition in an R-4 zone. Commissioner Fountain moved that this application be approved as recommended by the Board of Zoning Adjustment subject to the following conditions: 1. The use be restricted to the first floor of the building and no more than 10 people be housed, excluding the staff. 2. That the applicant agree to enter into an assessment district for the installation of sidewalks when such district is formed. Motion seconded by Commissioner Sharp and carried by the following vote: Commissioners Fountain, Sharp and His Honor Mayor Pro Tem Whipple voting aye; noes, none. Absent: Mayor C. D. Baker. USE PERMIT U-3-59 The Commission considered the application of Jessie Morgan representing the Faith Faith Temple Church Temple Church of God and Christ for a use permit to conduct a church in an existing building at 907 Adams Street in an R-1 zone. Approved This application was previously denied by the Board of Zoning Adjustment and subsequently denied by the Board of City Commissioners at their regular meeting held March 4, 1959, on the basis that the building did not meet the requirements of the building code. The applicant has indicated that he is ready to pursue the necessary steps in order to rectify this condition; therefore, the Board of Zoning Adjustment recommended approval subject to the following conditions: (There were no protests). 6-3-59