HomeMy WebLinkAbout06 03 1980 CM 99
COUNCIL MEETING MINUTES
June 3, 1980
Minutes of the adjourned meeting of May 27, held in the municipal building
June 3, 1980.
Present: Mayor John O. Cotant, Jr., Coucilmembers Becky Hopkins, Dwain A.
Kinghorn, LeRoy S. Quick, Engineer Steven M. Smart, Attorney Donald
L. Burnett, Jr. and Deputy Clerk Dorothy Ward. Earl Romriell was excused.
Meeting called to order at 8:00 p.m. by Mayor Cotant.
Mayor Cotant asked for corrections or additions to minutes of May 27, 1980.
Steven Smart asked that a correction be made on page 95 under Sewer Easement,
last line to,bead twenty five foot easement.
There being no other corrections, Councilman Quick moved to approve minutes
of May 27 with the above noted correction. Councilwoman Hopkins seconded motion
with an unanimous vote in favor.
DESIGN REVIEW PERMIT - David L. Garvin, A-1 TV Service, 5003 Yellowstone,
this item had been tabled from the May 27 meeting, until Mr. Garvin could
meet with the Building Inspector, Danny Stuart.
Mayor Cotant told Mr. Garvin the Council had met at 7:00 p.m. with Danny
Stuart and had thoroughly discussed the design review permit also they had
tried to reach Mr. Garvin to have him come in early.
Mayor Cotant asked Attorney Burnett to review the discussion that had been held.
Attorney Burnett said the parking spaces are governed by Land Use Ordinance.
It appears without parking available at the rear of building, Mr. Garvin would
not have enough parking to meet requirements of ordinance. It appears there are
two ways to get to the rear of the building, one to use the easement that goes
on the adjacent property or it is possible he might have ten feet of access on
other side.
Mayor Cotant said the Building Inspector had said Mr. Garvin possibly had ten
feet on the north side of his house.
Mr. Garvin said it had not been surveyed; but could be between nine and eleven
feet.
Attorney Burnett said,that not knowing, the burden is on 'the applicant to show
if he intends to rely on parking at the back of his store. He has the right
to get back there if he has access. Lacking information at this point, city
does not have a showing by Mr. Garvin that he has access to the rear of his
property by his own property. The question then is if he has access by use of
an easement which partially involves property of another. Upon his advise the
position of the council is whenever a person asserts the right to cross the
property of another and does not have the title to the property, there ought to
be some other showing the right to do so~ otherwise the city can become involved
as a third party in li§ation.
101
DAVID L. GARVIN - continued
The city at this point would be compelled to deny the Desgi~i~eview permit
except upon the showing that Mr. Garvin has access through own property
or upon the supplying of a determining court order showing he has the right
to use easement to travel upon the property of another in order to get to
rear of his own property.
Attorney Burnett said there was a problem under ordinance; city would have
to approve or deny design review application within forty-five days. Initially
Mr. Garvin had filed on the 24th of April; which would make it forty days of
this date. Council would have to deny or approve tonite, based upon information
they have, they cannot approve, so would have to deny and Mr. Garvin would
have to re-submit something with a further showing, In order to save having
to duplicate work, he can request council to see previous application and the
council would accept this; so he would not have to re-trace steps already
taken. The council will need an engineers drawing or something suitably
persuasive that shows actual position of structures in relation to the property
line that shows he can get to his own property or in event he uses some one elses
property that he has the judicial determination in hand showing he had the
right to do so.
Attorney Burnett said he felt city would have to adher to the square footage
requirement for parking even though Mr. Garvin was developing in phases where
some one else might proceed in one step.
PUbLiC HEARING -PROPOSED LAND USE AND LAND DEVELOPMENT AMENDMENTS -
Mayor Cotant declared hearing open for Land Use and Land Develoment proposed
amendments.
Mayor Cotant asked for any imput, there being none, Councilman Kinghorn moved
and Councilman Quick seconded, to continue the public hearing until June 17,
at 7:00 p.m.. All councilmembers voted in favor.
COUNCILWOMAN Hopkins moved to adjourn at 9:15 p.m. seconded by Councilman
Quick. The voting was unanimous in favor.
Dorothy ~.~Ward, Deputy Clerk