Minutes 07/13/1976 - Laserfiche WebLink

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397 976 In October of 2975, I sold a brick ranch style house to a young cou~ge buying ~heir first home. The cost of the property was more than they cauld qualify for, but since the lot was unusmally large, we f~und that by dividing it in two and selling off the vacant portion as a seperate lot, it was within their reach. I might add that there were no other vacant lots in the immediate area so this was undercertainly the current not a "developme~t"(and unchanged)ima~Mzoning.a~se of the word. The divided parcels both qualified The buyers had the property surveyed at considerable cost and proposed a "minor sub- division plat" under the city code Section 33-2 and subsequent passages Whereby the Director ~f Planning can approve m~nor sub-divisions upon meeting certain planning and zoning criteria We were then advised that the City AttorneY's office was now taking the position that there is no such thing as a "minor sub-divisionI, and that the plat would have to be submitted to the engineering department prior to approval by the City Planner. The engineering department advised us that someday in the future, curb, gutter and additional street paving would be needed on Elmhurst Lane. In order for this plat to be approved the dividers would have to escrow with the city $2,466.94. Said money would be kept by the city for up to ten years if the the improvements had not been installed. No assuranc~ was given that a new Council or a new City Attorney might not change the refund rules in the ten year interim. Gentlemen, this section of Elmhurst Lane is fully developed, the improvements have an extremely low (#42) priority, and the citizens are not even seeking curbs and gutters. Yet many folks in our city do need curbs and gutters and can't seem to get them. In the meantime, we have sold the vacant lot to a very fine executive with our Redevetot merit and Housing Authority who has immediate plans to build on this site and move from Norfol~ to our city. In the event the city does install~the improvements, paid a share of the costs while the other property~owners unjust. it means our two clients will have in the block will not. This is I and' to ask you tonight to reaffirm what the City Code says in regard to minor sub-divisions waive the $2,466.94 assessment. J. S. Livesay, Jr,,iA~s~n~gc29D~S~R~eplica Lane Ben Levy, Attorney, p. O. Box 1137 Portsmouth representing various property owners ' ' ~ Dan~E~ Griffin, 308 Professional Bldg., representing the office of Dan E. Griffin, Architects, AIA,Ltd. J. Ovid Keene, 808 Loudoun Avenue, representing J. O. Keene & Co. Paige M. Taylor, 3104 Tyre Neck Road, representing Portsmouth/Chesapeake Board of Realters Motion of Mr. Barnes and seconded by Mr. Elliott, the matter presented by Mr. O'Keeffe to ~e referred to the City Manager, was adopted by unanimous vote. 76-288 - The following letter received from the School Board was presented: "At the regular meeting on June 24, 1976, the School Board of the City of Portsmouth adopted the following resolution and requested that it be directed to City Council. BE IT RBSOLVED that the School Board of the City of Portsmouth request City Council to appropriate to the Department of Parks and Recreation funds to d~ray the cost of an addition to Cavalier Manor Recreation Center that will provide fourteen spaces for joint use by the School Board a~d Department of Parks and Recreation." M~ion of Mr. Holley and seconded by Mr. Barnes, that the resolution be referred to a conference, was adopted by unanimous vote. 76-289 - The following letter of resignation received from R. E. Brinson member of School Board, was read: ' "Please accept my resignation from the Portsmouth City School Board. It has been rewarding. I prayerfully request that Mr. George Powers be retained due to his outstanding ability and contribution to education. I feel it would be a big mistake to remove him at this time." Motion of Mr. Barnes and seconded by Mr. Blliott, that the resignation be accepted with regret and proper resolution be prepared for presentation, was adopted by unanimous vote. 76-290 - Motion of Mr. Wentz and seconded by ~{r. Barnes, to go into the election of members to the following Boa~ds and Commissions, was adopted by unanimous vote. Mr. Wentz nominated the following: