04-12-1976 Council Meeting Minutes

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� OROI10 COUNCIL TIEETING HELD APRIL 12 , 1976 Page 5 � protruding into Iiill Streeto The attorney STRE�T VACATION � �tated that the only way the Escos could Hi11 Street obtain marketable title for their property (Continued) aas by vacation of that portion of the street where the house is locatedo It was noted that Lots 7 & 18, the easterly properties, had not yet been develvped and so acaess problems still ex�.sted for these tracts, Van PdeSt noted that trer:iendous ravines existed on these lands making at irapractical to build an access except through � Hill Streeto T��ro 5n�cler explained that the Escos had retreated in their request for a r,omplete vacation but were only askinc� for 308 fta so that the house will be completely on Esco ownecl property. IIe e�tplainet� that this ��as an existing situation when �he Escos purchased the property and they caere n�`esently in a law suit for the former owner concern3.ng the issu�o � After the public he�ring, the Commission �roceeded to c�iscuss the problem. P�cDonald felt that no raad would ever be constructed hut saw a possible � future need for its existencee Pese3� felt that 308 ft. would not be harmful and the balance could still service the lands to the easte The Zoning Administrator disagreed stating that the City f would need the full road for fliture utilities and maintenanceo Van ilest noted that in order '�o vacate land, a public interest must be �ervedo The metnberso in turn, felt that the �scos were public and the situation created a harc�ship to them. It was agreed that the City Attorney be consulted as to what constitutes public interest and the City Street Superintendent as to ��hat maintenance problems might result from the vacation. �'he Comniission tabled the application until they had rec�ipt of recommendations from the City Attorney and Street Department. Henry T-Iuhich, Building & Zoning Administrator, REZOrdING , stated that TIr. Daniel Lindsay is requesting 2505 I:elly A,venue rezoning of the north 20 fto strip of land lying in the new south parcel of the old I,D.S. propertyo 2505 I:elly Avenue, which was recently subdividec� into three lotso The north property line of the south parcel is located 2C fto beyond the south line of our curren�tly zoned cor�unercial area. Therefore, we are faced with a situation of a 20 fto strip �onunercially zoned area located in a parcel which �aill be used and is zoned residential. The rezoning of this strip will also increase the residentially zoned area of the parcel and therefore, increase credits for building. t��e should try to maintain one zone in individual parcels when they are put to a specific land use. (Continued)