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September 26, 1972
<br />
<br />that under the General Administrative Agencies Act, such a change is Section 5, Regulations,
<br />may be made only after a public hearing preceded by at least 15 days published notice; and
<br />since daylight saving time will cease rather soon after final action might be taken following
<br />such a hearing, the Board reluctantly has decided it should not grant the request at this
<br />time, without prejudice to renewal of same at the commencement of dayligh saving time in the
<br />Spring of next year.
<br />
<br /> It will be appreciated if you will apprise your council of the foregoing at your earlies
<br />convenience.!' _~_
<br />
<br /> Motion of Mr. Smith and seconded by Mr.
<br />matter be put in the City Clerk's file to be
<br />the following vote:
<br />
<br /> Ayes: Early, Holley, Johnson,
<br /> Nays: None
<br />
<br />Early, to be received as information and the
<br />brought back at the proper time, was adopted by
<br />
<br /> King, Smith, Wentz, Barnes
<br />
<br />72-388 --The following report from the City Attorney was read:
<br />
<br />"Re: Rezoning of property at the southeast corner Qf Portsmouth
<br /> Boulevard and Hodges Ferry Road
<br />
<br /> At Four September 12th meeting of the City Council, you directed me to investigate and
<br />report to you the chronology of events incident to the rezoning of the property referenced
<br />above (more aacurately shown on Tax Plate 620 as parcels 2 and 3). My investigation has dis-
<br />closed the following summary of event~:
<br />
<br /> (t) On September 30, 1968,
<br />half of Leonard G. Karp, eta al,
<br />from R-75S to R-~0.
<br />
<br />Louis Brenner, Aetorney at
<br />requesting a zoning change
<br />
<br />Law, submitted a petition on be-
<br />for the above-referenced property
<br />
<br /> (2) Such petition was duly advertised on October 22, 1968, and October 29, 1968, for
<br />public hearing before the Planning Commission on November 5, 1968.
<br />
<br /> (3) On November 5, 1968, Mr. Karp's petition appeared on the Planning Commission agenda
<br />as Item No. Z-68-31. After a proper public hearing, the Planning Commission voted to recom-
<br />merit denial of Petition No. Z-68-31.
<br />
<br /> (4) Petition No. Z-68-31 was duly advertised on ~ovember 19, 1968 and Novermber 26,
<br />1968 for public hearing before the City Council on December 3, 1968.
<br />
<br /> (5) On December 3, 1968, after a proper public hearing, at which a Mr. Herman Williams,
<br />Jr..spok~ the City Council, on motion of Mr. Irvine Smith voted to deny Petition No.Z-68-31
<br />without dissenting vote.
<br />
<br /> (6) At the December 17, 1968 meeting of the City Council, the following letter from
<br />Leonard G. Karp and action thereon was received and taken as follows:'I just returned from
<br />a vacation in Hawaii, where i met my son, who is stationed in Viet Nam, and I find that my
<br />petition to rezone the property known as Mayflower Park from R-75-S to R-60 was gismissed at
<br />the meeting of the City Council on December 3, 1968, because there was no appearance by my
<br />attorney, Mr. Louis Brenner.
<br />
<br /> Mr. Brenner left on Tuesday for Florida for a two week vacation, but prior to doing so,
<br />he wrote a letter to Miss Caroline Gott, Clerk for the City of Portsmouth, and mailed a copy
<br />to Mr. J. Brewer Moore, City Planning Director, informing them he would be out of town at the
<br />time the meeting was held, and asked that the matter be continued until the next council meet
<br />ing on December 17, 1868. I am enclosing a copy of the letter whizh was mailed to Miss Gort,
<br />which is welf-explanatory.
<br />
<br /> Upon my return,
<br />informed me that she
<br />tion was made of the
<br />
<br />I asked Miss Gort whether she received Mr. Brenn~r's letter, and she
<br />remembered receiving the letter, but was unable to state what disposi-
<br />same.
<br />
<br /> In view of the fact that a timely request was made to continue our hearing, I should
<br />iappreciate your placing before~the City Council our petition number Z-68-31, to rezone the
<br /> property known as Mayflower Park from R-75-S to R-60, On the agenda of the next council
<br /> meetint to be held on December 17, 1968.'
<br />
<br /> Motion of Mr. ~$mith to suspend the rules to hear interested paerson was adopted.
<br />
<br /> ~ Attorney Louis Brenner, Mrs. Jean Backus and Herman Williams spoke.
<br />
<br /> Motion of Mr. Smith to. concur in the recommendation of .the Planning Commission to deny
<br />the application.
<br />
<br /> Substitute motion of Mr. Johnson to refer back to the Planning Commission to be consider
<br />ed in their study of the Townhouse concept was adopted, without dissenting vote.
<br />
<br /> Motion ~f Mr. ~astes to reconsider the vote on Mr. Johnson's motion for reconsideration,
<br />and that this item be postponed until the Council meeting of May 27th, 196~, and that while
<br />waiting, ~he Council~ask the Planning Commission for a recommendation as to the proper way to
<br />handIe this matter was adopted and by the following vote:
<br />
<br />Ayes: Barnes, ~,~astes, Johnson, King, Turner
<br />Nays: Nolley, Smith
<br />
<br />
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