Las Vegas City Commission Minutes, November 20, 1957 to December 2, 1959, lvc000011-630

4. Agree to enter assessment district for street lights when one is formed. That no more than 24 children he permitted. Planning Director Bills advised the Commission that subsequent to the Board of Zoning Adjustment Hearing, the Child Welfare Nurse had submitted a memo to the Planning Department, stating the opinion that the Child Welfare Board would not approve this application for any more than 12 children, if the use permit was granted, because of conflict with State Regulations. The applicant, Mrs. Rabb, stated there were two houses on the property and she believed the Child Welfare Nurse meant she would be allowed 12 children in each house. Mr. Bills stated this would not be correct, as the City Attorney had advised that this was defined as only one property and only one nursery operation could be allowed there. Mrs. Rabb said she was told at the time she bought the property she would be able to operate two nurseries. Mr. Charles Garner, attorney representing the protestants to this application, stated their main objection was due to the piecemeal changing of the zoning and that at the present this area was R-4 and developed for R-4 uses. Another objection, he added, was the noise and parking problems which would be created by allowing this permit for a non-conforming use. (At this time 12 people stood up to be counted as protesting this matter.) His Honor Mayor Gragson asked the Planning Director if he was in agreement with the recommendation of the Board of Zoning Adjustment, and Mr. Bills replied this use was not permitted as a matter of right in an R-4 zone and he believed caution should be exercised in granting any additional rights where it would not be in the best interest of property owners concerned. Mr. Vance Geigley, 605 South 3rd., spoke in objection, stating that he did not know how Mrs. Rabb obtained a permit to operate a nursery for 9 children at this location in the first place, inasmuch as she did not live there. He was of the opinion this was strictly a commercial deal for making money. Mr. H. R. Pope, 626 South 3rd., stated he lived next door to this property in question and he did not protest the nursery for the nine children, as he found out from the Planning Department that such an operation was permissible in an R-4 zone; however, he found the crying of the children did disturb his rest. He concluded that they were protesting this use permit as a whole and not because of the number of children to be allowed. Mrs. Rabb stated with the limitation of 9 children she was unable to make out financially and had to turn down additional children because she had her quota. She added the need was very great for this type of nursery and the people she employed, as well as herself, were willing to work long hours for little pay. She continued that the operation had gone beyond the mercenary stage and her main interest was in caring for these children; therefore, she was asking permission to enlarge her nursery. Mrs. Rabb stated she now had nine infants under the age of two, all of whom were kept in the house, and felt there should be no complaint in regard to unnecessary noise. She added she could have had some of her supporters present to speak, had she realized the necessity. Mrs. Rabb concluded with the statement that her request was for 12 infants in one house and 12 toddlers in the other house, and that the Child Welfare Board had said there was ample room. Vance Geigley stated that Mrs. Rabb had admitted her sole purpose was to make the dollar. Commissioner Sharp asked him if he had any rentals on his property and if he realized a profit on them. Mr. Geigley replied he had two rentals but did not make anything on them; furthermore, he bought his home to live in, not for the rentals. Elizabeth R. Metcalf, 617 South 3rd, spoke in protest, stating that she had lived at this location for 15 years and had abided by the R-4 zoning regulations. She recommended that this use permit be denied for any more than 9 children in a 24-hour period. -0O0- At the hour of 8:45 P.M. this meeting was recessed and reconvened at the hour of 9:00 P.M., with all members present as of the opening session. -0O0- Commissioner Fountain stated he would like to commend Mrs. Rabb, whom he had known many years, on her nursery; however, in this particular location, regardless of whether or not the Child Welfare Ordinance would allow this operation to be enlarged, he felt the area was too congested and moved the application for this use permit be denied. Motion seconded by Commissioner Whipple who stated he admired Mrs. Rabb for her fairness and he was sure she did not apply for this use permit with the idea of injuring the other property owners; however, in view of the City Attorney's opinion and the overwhelming number in opposition, he felt this application should be denied. He continued that he felt very sorry for the situation in which this placed Mrs. Rabb, because he felt she could be of fine service to the community, and he hoped she could find another location. Motion carried by the following vote: Commissioners Elwell, Fountain, Sharp, Whipple and His Honor Mayor Gragson voting aye; noes, none. Commissioner Elwell stated Mrs. Rabb was a dedicated person whom he had known for a long time and that she was doing a fine job in this field, but he would have to go along with the Commission in recommending denial. 12-2-59