07/30/1959
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
July 30" 1959
Members Present:
E. C. Marquardt, Vice Chairman
Harry Shepard
Dan stoutwnire
Absent:
Robert H. Levison, Chairman
H. Everett Hougen
Also Present:
Owen S. Allbritton, III
Asat. City Attorney
The meeting was called to order by the Vice Chairman at 8;00 P.M. 1n
the Oommission Room at City Hall. Joir. Shepard moved that the minutes
of the meeting of July 2nd be approved in accordance With the copies
submi tted to each Board member 1n writing. Motion \'las seconded by
Mr. Stoutamire and carried unanimously.
Due to the number of interested people present the Board, by consent,
considered the request of the Fargo Investment Company first. The
Vice Chairman round that no one was present representing the applicant.
Among those objecting were: loir. Michael Luper, Mr. Lewis Homer" Mrs.
Maude Kibben, Mrs. John E. O'BI'ien, and Mr. E. B. Casler, Jr.
representing ML~. William P. Hayes. ~. A. T. Cooper" Jr. representing
Mr. Thomas J. Connelly also objected and introduced a petition contain-
ing twenty-five names in opposition to the application. Upon consid-
eration of the appeal of Fargo Investment Company ror business use
(parking lot and parking garage) of Lot 21 O. Harrington I B Subdiv1sion..
it appearing after t~1s duly constituted public hearing that there are
not such practical difficulties or unnecessary hardships in the way of
carrying out the strict letter or the provisions of the zoning ordinance
as would justify a variance of such proviSion and that the same cannot
be made within the intent of the zoning ordinance, Mr. Shepard moved
that Buch appeal be denied. Motion was seconded by Mr. Stoutam1re.
Marquardt.. Shepard.. Stoutamire voted "Aye"
Levison. Hougen absent. Motion carried.
The Board considered the request of Mr. James Martin who was present.
'rhe Vice. Chairman aSlted if there were any objections and there were
none. Upon consideration of the appeal of James Martin to erect 72
lineal feet fence (with 56 feet to exceed 5 teet in height) along the
westerly line of Lot 21, Block A, Bayaide 1/5 Subd1v1a10n, it appearing
after thin duly constituted public hearing that there are practical
difficulties and unnecessary hardship a in carrying out the strict
letter of the provisions or the zoning ordinance as it affects BUch
property and that the Barne can be varied within the intent or the
zoning ordinance" Mr. Shepard moved that sueh appeal be granted. in
accordance with the application submitted therewithl with the provi-
sion that the right to obtain a build,lng parmi t in accordance with.
such variance shall eeaae after six (6) months from this date. Motion
was seconded by Mr. Stoutam1re.
Marquardt.) Shepard, Stoutam1re voted U Ayou
Lev1aon,l Hougen absent. Motion caI'r1ed.
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7-30-59
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