1987-09-08 Special Meeting 4O97
SPECIAL MEETING TUESDAY. SEPTEMBER 8. 195~
87-
A. CALL TO ORDER
The meeting was called to order at 2:00 P.M.
B. MAYOR AND COUNCIL ATTENDANCE:
Mayor Oakland R. Chapman 'Present
Councilman Nick Collins Present
Councilman Andy Rubin Present
Councilman Oscar Thomas Present
Councilman Dowling Watford Present
STAFF ATTENDANCE:
City Attorney Bryant Present
City Administrator Drago Present
City Clerk Thomas Present
Deputy Clerk Williams Present ~
C. OPEN PUBLIC HEARING FOR REZONING REOUEST:
CONSIDER PETITION 196-R FOR A REZONING REOUEST FROM RESIDENTIA~
SINGLE FAMILY TO COMMERCIAL II WITH SPECIAL EXCEPTION
Councilman Watford stated, for the record, that he objected to this
item being brought before the City Council because he felt it should be
treated as an appeal of the Zoning Administration and not the City
Council.
Mr. Herb Nix, the contractor for John Ed Watford directed Council's
attention to the map indicating the subject property presently being
considered for rezoning.
Attorney John T. Brennan, representing John Ed Watford, addressed
Council concerning the rezoning request. Mr. Brennan referred to the
City's comprehensive plan supporting his client's request for rezoning.
He also cited several laws concerning the comprehensive plan and spot
zoning. He stated that he did not consider this request to be spot
zoning. All of Mr. Watford's neighbors signed the petition stating they
were not opposed to the rezoning request with the exception of Ms. Jean
Paige.
Mr. John Cassels, representing Ms. Jean Paige, addressed Council
citing laws concerning spot zoning. He stated the comprehensive plan
which the City adopted does not support spot zoning and it only
designates 2 lots of the block to be commercial (the rezoning request is
for 4 lots).
Mr. Nix showed Attorney Cassels a copy of the Comprehensive Plan
which did recemmend all 4 lots be rezoned to commercial..
Attorney Bryant stated it was not his opinion that the request would
be an illegal spot zoning.
Following further discussion, Councilman Collins made a motion to
rezone the property from Residential Single Family to Commercial II with
a special exception,'seconded by Councilman Rubin. '
Councilman Watford stated that he must abstain from voting.
Vote - Councilmen Collins, Rubin and Thomas - yea. Motion carried.
There being no further business to discuss the meeting was adjourned
at 3:15 P.M. ~.._~-- '"- /~
~ MAYOR OAKLAND R~/t'H~P~AN
ATTEST~ ~ ~//~
BONNIE S. THOMAS, CMC
CITY CLERK
THERE IS A TAPE OF THIS MEETING IN ITS ENTIRETY ON FILE IN THE OFFICE OF
THE CITY CLERK.
NOTICE IS HEREBY GIVEN THAT IF ANY PERSON SHOULD DECIDE TO APPEAL ANY
DECISION MADE AT THIS MEETING OF THE CITY COUNCIL, SUCH PERSON WILL NEED
TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.