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December 1S, 1966
<br />
<br /> Motion of Mr. Knight to concur in the recommendation of the Planning Commission mud that the City
<br />Attorney be requested to prepare an ordinance, was adopted, without dissenting vote.
<br /> 66-296 - The following letter from the Director of Planning was read:
<br /> "At its regular monthly meeting on December 6, 1966, the City Planning Commission resolved
<br />to recommend vacation of the subdivision plat of Green Lakes, Section 5, to pave the way for reDlatting
<br />of larger lots."
<br />
<br />On motion of Mr. Eastes, referred to the City Attorney.
<br />
<br />66-297 - The following letter from the Director of Planning was read:
<br />
<br /> "At its regular monthly meeting on December 6, 1966, the City Planning Commission
<br />resolved to recon~nend closure of a paper street stu§ of Mulberry Street north of Centre Avenue
<br />as it abuts St. Paul's Cemetery."
<br />
<br />On motion of ~.Ir. Barnes, referred to the City Attorney,
<br />
<br /> 66-298 - The following letter from the Director of Planning was read:
<br />
<br /> "At its regular monthly meeting on November 1, 1966, the City Planning Commission resolved
<br />to recommend the closure of the stub ends of Carey Circle and Eisenhower Circle west of
<br />Stratford Street.
<br /> This matter was studied jointly by the Superintendent of Schools and the Director of
<br />Recreation who recommended such action to the City Planning Corm~ission in connection with
<br />Droner development of th~ W. E. Waters Junior High School site."
<br />
<br />On motion of Mr. Knit]t, referred to the City AttDrney,
<br />
<br />66-299 - The following letter from Josenh C. Barber, Jr. was read:
<br />
<br /> "I hereby make application for an appointment as Justice o~ the Peace when you
<br />have an opening.
<br /> I have beenaa citizen of Portsmouth all of my life, and have been employed for a
<br />period of twenty-eight years in the Naval Shipyard, my oresent nosition being a Supervisor
<br />Procurement and Property Officer in the Industrial Manager's Office.
<br /> I will at the proper time be subject to retirement and would appreciate it
<br />very much if t could be considered for such appointment. I feel that my education and
<br />background well enable me to perform., the duties of the office I seek."
<br />
<br /> Motion of ~,~arnes to file with other applications was adopted, without dissenting vote.
<br />
<br /> 66~$00 - Notice from the City Clerk, of the expiration of the terms of office of the
<br />following Library Board members was read: Mrs. David D, Green, T. J, Lawrence and F. H. ifright.
<br />
<br />On motion of'?~{r. Barnes, referred to s conference of Council.
<br />
<br /> 66~S01 - Notice from the City Clerk of the expiration of the term, of J. P. Stephenson
<br />on the S~ple~efltat-~etiremen~.Board, was read.
<br />
<br />On motion of Mr. Knight, referred to a conference of Council.
<br />
<br />66-302 - The following letter from the Director of Planning was read:
<br />
<br /> "At its regular monthly meeting on December 7, 1966, the City Planning Commission
<br />in a resolution adopted unanimously instructed the Director of Planning to address in
<br />writing City Council suggesting that the City Attorney's office be directed to p~epare possible
<br />zoning ordinance amendments tightening regulation of autcmobile service stagions. The
<br />Planning Commission has conducted research on this subject but is unable to initiate ~tion
<br />without legal advice.
<br /> Lest there be any misunderstanding and because this subject ~s one of widespread
<br />discussion, the Commission and Director are of an opinion that "use permit~ techniques may
<br />be employed in realistic regulation of gas stations. This Rrocedural device is not easily recommended
<br />as its utilization generally seems arbitrary and often capricious. The Commission hastens to
<br />point out ,that any given zoning district identifies certain land uses which are "permitted", other
<br />which are "prohibited"; smd in a twilight area between these e3ctrBmes, some land uses which
<br />under prooe~ circumstances might by official action be authorized through issuance of conditional
<br />use oermit.
<br /> However, the Commission concludes that our ordinance should clearly specify and
<br />define conditions, circumstances, standards and procedures to inform applicants and guide
<br />municioal cfficiats. Use of ove~gorked weasel words such as "nublic health and welfare" are
<br />not deemed adequate or appropriate, Substantive findings publicly stated would support all
<br />actions in use permit issuance, Toward that end, a gas station would be thoroughly defined
<br />in the zoning ordinance for purposes of proper identification and regulation, Related matters
<br />to be aired by the Commission and Council at required public hearings ~muld be embodied; likewise,
<br />infommation to be supplied by applicants.
<br /> Thus, in conclusion, such amendments would constitute a set of well defined guidelines
<br />wherein municipal discretion would be reduced to an Rbsolnte minimum without harming private rights
<br />or denying public protection."
<br />
<br /> Motion of ~r. Johnson that the matter be referred to the City Attorney for the preparation
<br />of an ordinance, based on his letter, was adopted, without dissenting vote.
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