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�8 <br />REGULAR MEETING AUGUST.18, 1975 <br />According to Attorney Nimtz, the committee is now composed <br />of Margie Stewart, and Mary Kay and Leonard Fisher. I spoke <br />to Mrs. Fisher and she stated that the committee has given <br />approval to Locker to place the home in the subdivision. <br />Therefore, according to Mrs. Fisher, no restrictive covenants <br />will be violated when the house is moved into the subdivision. <br />S/ Tony Colletti <br />Susan Clark, 4615 Fellows Street, was present and said it was her <br />understanding that no building could be erected unless the plans <br />were submitted and it was compatible and in harmony with the <br />existing houses. She said the homes in this area are one-story with <br />attached garages. This home is a two-story home with no garage. She <br />said the house would not fit in with the existing homes in the <br />neighborhood. Mr. Farrand said there is a committee set up to review <br />the restrictive covenant requirements for the area and that committee <br />has approved moving this house. He said the members of the committee <br />are Margie Stewart and Mary Kay and Leonard Fisher. Kathleen Cekanski, <br />Deputy City Attorney, said it would be her recommendation that the <br />complaining property owners in the area petition the committee of <br />three people to reassess their determination in regard to the house <br />move. She said she did not know whether the property owners have <br />that right of appeal but they could investigate it. She said it is <br />definitely out of the City's hands. The City does not have the <br />right to: enforce restrictive covenants. She said the property owners <br />have the right to contact an attorney if they wish. Mr. Barcome <br />asked if the members of the committee live in the area and it was <br />noted that Mrs. Fisher lives at the corner of Ireland and Fellows. <br />Mr. Seitz commented that it appears the Board cannot do anything <br />more in the matter. Mrs. Clark then asked the Board whether they <br />could put some kind of a timetable on when the house would be put <br />in place and landscaped. She said, in some cases, a house is left <br />up on supports for a long period of time. She said they would not <br />want to see the house moved in and left in a temporary state. Mr. <br />Farrand said there is no such timetable included in approval for a move. <br />He said, if such a situation occurred and there was a health or <br />safety hazard, the City could intervene. Mr. Anton Miller, 4637 <br />Fellows Street, then called attention to the drainage problem which <br />now exists in the area. He displayed pictures of this home and the <br />existing homes in the area to the Board. He said the property owners <br />have some obligation to protect their neighborhood in regard to fire <br />hazards and new construction. Mr. Farrand said these matters do not <br />fall within the Board's jurisdiction. Mr. Miller then said it was <br />not feasible to expect someone to buy this home without knowing of the <br />drainage problem. Mrs. Clark said there is a natural drainage line <br />which goes right through this lot. Mr. Miller said the Board is <br />allowing a nice little home to be moved into a neighborhood where it <br />will not be compatible. Mr. Farrand then asked to see the plot plan <br />for this house and it was displayed to the Board. Mr. Miller said <br />he did not know how many of the residents of the neighborhood were <br />aware that this move was planned or how many of them received proper <br />notice of the hearing and he asked the Board to delay action so that <br />the property owners could consult with an attorney to advise them. <br />Mr. Barcome then made a motion that the matter be continued until the <br />property owners have consulted with legal counsel. There was no <br />second to the motion and it died. Mr. James Locker introduced himself <br />and said that he has followed the letter of the law in requesting this <br />house move. He said that is the only issue before the Board. Hesaid <br />the permit has been delayed two weeks now and he was requesting the <br />Board to approve the permit. He said he has every intention of moving <br />the house and completing it as quickly as possible. Mr. Locker said, <br />in reference to Mr. Miller's comment regarding drainage, that this <br />property is .26 of a foot lower than Mr. Miller's property and the <br />water will drain back on this lot. Mr. Miller said he questioned <br />whether the owner of the house would be able to pay the taxes on_.it <br />and he questioned the amount of the appraisal. Mr. Barcome said that <br />