03-14-88 Zoning & Vacation - Laserfiche WebLink

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Following further discussion, Councilman Soderberg made a motion seconded by Councilman Coleman that Bill No. 2-88 be recommended favorably to Council. The motion passed unanimously. Councilman Slavinskas then noted that the second item on the agenda was to review Bill No. 1-88 which is a Bill to amend the zoning for the property located at 1305 South Marietta. Mr. Kevin Joyce of the Area Plan staff noted that the property is being requested to be rezoned from "B" Height and Area to "D" E Height and Area. The overall purpose of the rezoning is to allow the owner to park certain operable vehicles on the property. He noted that at the meeting of February 16, 1988, the Area Plan recommended unfavorably on the proposed rezoning. Mr. Willie Lee, the owner of the property in question, then gave a presentation to the Council. He noted that he wished to park his vehicles on the property since the City told him that he could not park in front of the property in question. It was noted that he had two trucks and one car and had placed a fence around the area 6 feet in height. It was noted that the road is not a snow route. Rita Marshall, the daughter-in-law of the Petitioner, stated that Mr. Lee needed the rezoning so that he could continue his "hobby" . She stated that he is not running a junk yard or a business. She stated that in her opinion she believes that the Code Enforcement Department is harassing Mr. Lee. Councilman Soderberg inquired as to the use of the vehicles and was informed that Mr. Lee picks up hedges, trees, and runs garbage to the landfill. He stated that he has been hauling trash for approximately 20 years and receives a very limited income from this trash hauling business. Councilman Niezgodski questioned whether the buildings on the property were there at the time of purchase. He was informed that they were not and that they were in violation of the zoning code. Councilman Slavinskas noted that the gate had been moved to the alley at the City's request and that he had reviewed numerous material with regard to the property in question. Patricia DeClercq, the Director of the Department of Code Enforcement, then spoke against the proposed rezoning. She noted that there have been numerous environmental problems at the location. She further noted that the entrance to the fence was changed because Mr. Lee was driving across curbs and sidewalks prior to the gate being moved. According to her records, the City did not have a license being issued for trash hauling for calendar years 1986 or 1987. She 2