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R. O. P.
<br />
<br />357
<br />
<br />December 13, 1981
<br />
<br /> 6th. Honorable City Council: Portsmouth, Va.
<br />
<br /> Gentlemen:--
<br /> With regard to the application of W. G. Nottingham to install m gasoline
<br />tank on his premises, situated at the southeast corner of Court and Clifford streets, the ca-
<br />pacify of the tank being 10,000 gallons, ! have conferred with the Chief of the Fire Dept.
<br />and in his opinion, in which I concur, the fire risk is not materially increased by the in-
<br />stallation of this tank.
<br />
<br /> It is not however possible to legally grant this permit for two reasons:
<br />let, the City has no constitutional authority, to grant permission to lay an oil m~in in a
<br />street of the City; 8nd, no tank in excess of 8,000 gallons capacity is permitted by Section
<br />6~ of the Buildihg Code to be placed within the fire limits of the City.
<br />
<br /> So fsur .as the first objection is concerned, the City may grant such rights
<br />in this m~tter as it is authorized to grant, provided the applicant secures from abutting
<br />owners waver of objection by them to the installation of the main.
<br />
<br /> The question then to be settled is who.third'it-is-$dvisable to modify the
<br />existing Building Code, to change the fire limits, or to pass a speciat~ordlnance covering
<br />this particular case. -
<br />
<br /> If the Building Code is modified, it will be difficult to avoid granting
<br />'similar requests to other applicants and it might result in numerous tanks of large capacity
<br />being placed in any pa~t of the City. I am informed by a member of the. Association of Fire
<br />Underwriters of Portsmouth that the installation of these larger tanks would not necessarily
<br />affect insurano® rates, provided they are properly installed, but that the Association views
<br />with disfavor such installation.
<br />
<br /> · . If the fire limits are changed, such change would have ~ tendency to af-
<br />fect adversely insurance rates on all property placed outside of the fire limits and would re-
<br />sult in a justifiable complaint from the owners of this property.
<br />
<br /> It therefore seems that the only solutfon of this problem is to pass a spec-
<br />ial ordin~nce or resolution authoristng the installation of this particular tank.
<br />
<br /> The objection to this special ordinance, of course, li~s in the fact that
<br />it constitutes the modification of a general ordinance for the benefit of an individual. It
<br />will also give the 'applicant certain special advantages, as a result of this concession.
<br />
<br /> I fin~ however, that through a misum~erstanding ~nd failure to read the
<br />~uilding Code, the Fire Chief hms informed the applicant that the tank in question could be
<br />placed as desired~ On this ~u%~o~ity, the applicant ordered the tank and made arrangements
<br />for its installation.
<br />
<br /> Ail things considered, therefore, I recommend that the Council by resolu-
<br />tion authorize me to permit the installation of this tank, provided it is installed in
<br />cordance with the requirements of the Fire Underwriters. As ~ understand it, the requirements
<br />are: let,~ that the tank itself should be certified to as of s~andard construction in accord-
<br />ance with the specifications of the Underwriters; 8nd, that the tank itself must be set in
<br />pit of brick, masonry or concrete.
<br />
<br />"Yours truly,
<br />
<br />J. P.'Jervey, City Manager."
<br />
<br /> M~ Hall moved that the privilege of the floor be granted to any one who desired to
<br />speak on %he subject, three minutes to be all~wed to each speaker.
<br /> Whereupon, Messrs. W. G. Nottingham and W. p. Ricks ~poke.
<br /> Mr. Brooks moved that the Council concur in the recommendation of the Manager.
<br /> Mr. White moved to amend, that the matter be laid on the table until the next re-
<br />gular meeting of the Council, and that Mr. Nottingham be requested to secure the approval of
<br />the property owners in the neighborhoodln which the tank is proposed to be installed.
<br /> The amendment by Mr. White was adopted, ~nd by the following vote:
<br />
<br />Ayes-~ Esleeck, Hall, Hutchins, Oast, White, Smith, 6.
<br />Nays-- ~rooks, 1.~
<br />
<br />7th. Honorable City Council,
<br /> Portsmouth, Va.
<br />
<br /> Gentlemen:-
<br /> I am informed by the City'Attorney that the commissioners appointed for
<br />the purpose of condemning Hatton & Cooke Sis. have filed their report ~oday, Dec. 18th,
<br />lowing the following
<br />
<br />let. For Hatton St. 55 feet wide:
<br />
<br />R. E. Glover. .
<br /> , '. 6,500.
<br />Norman- N. side of ~ueen St... 2,~00.
<br />W M Smith.. 5,000.
<br />Mrs Ida Wilkins 1 850
<br />
<br /> Total ........... $38,59O.
<br />Znd. For Cooke St.: 50 feet wide:
<br />
<br />
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