HomeMy WebLinkAboutPlanning Comm min 1968/09/04 MINUTES OF A REGULAR MEETING OF THE CITY PLANNING COMMISSION
OF CHULA VISTA, CALIFORNIA
September 4, 1968
The regular meeting of the City Planning Commission was held on the above date
at 7 p.m. in the Council Chamber, Civic Center, 276 Guava Avenue, with the
following members present: Hyde, York, Stewart, Rice, Adams, and Guyer. Absent:
(with previous notification) Member Gregson. Also present, Director of Planning
Warren, Associate Planner Manganelli, Planning Draftsman Liuag, Associate Engineer
Gesley.
APPROVAL OF MINUTES
Member York asked that the vote on the motion for the Arrasmith variance be noted
in the minutes.
~SUC (Adams-Guyer) Minutes of the meeting of August 19, 1968 be approved as mailed
with the correction as noted.
PUBLIC HEARING (Cont'd): Variance - Princess Manor, Unit No. 9 - Request for
reduction of minimum floor areas for dwelling units - Princess
Park Estates, Inc.
Director of Planning Warren explained that this matter was continued from the
August 26 meeting so the staff could gather facts and statistics in the area
and also to get together with the applicant to reach an agreement of what could
be granted. The variance request was for blanket approval for a reduction in
house sizes for the 49 homes proposed for construction. The applicant has
stated he is in escrow for this property, and if granted the variance, will submit
plans at a later date for Commission review. The original variance granted to
Princess Manor has since expired.
Mr. Warren remarked that he talked to the proposed buyer and the buyer stated it
would be necessary that he be given a blanket variance since he has no plans at
this time. The staff, ho~ever, does not feel this would be desirable. Director
Warren then discussed the number of homes in the adjacent units that have smaller
size floor areas than the ordinance requires and submitted a plat whereby the
location of these homes were noted. He commented that he is trying to show that
there is a little misunderstanding a~out these requests.
THere has been a gradual upgrading in the area and the staff would like to recommend
that the Commission grant to the owner of the property a blanket variance that
would permit 35% of the homes in the subdivision to be constructed at a 10% reduc-
tion. The intent of the ordinance will be upheld and the character of the neighbor-
hood enhanced. The developer will have to bring a set of plans to the Commission
before obtaining a building permit. Mr. Warren commented that he explained this
proposal to Princess Homes and they indicated general agreement; the applicant,
however, stated he would not be interested unless he can get a variance for all
the homes.
This being the time and place as advertised, the public hearing was reopened.
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Mr. Kenneth Hoffman, 1550 Melrose Avenue, questioned the time that the variances
were granted.
Mr. Warren remarked that they were granted over the last three to four years.
Mr. Hoffman stated the homes in Units 3 and 4 were built in 1964~65, and ques-
tioned specifically when they were granted for Unit 2. He also offered various
other comments and questions pertaining to the subject.
Member York commented that he felt Mr. Hoffman's remarks were an indication that
the Commission granted the variances to the applicant after the homes were built.
This was not true--all variances were granted prior to construction of the homes.
Director Warren stated he couldn't, at the moment, give any specific dates--it is
all a matter of record and dates are available in the Planning Department--however,
the overall variance was granted in December 1963 and this was a blanket variance
for the entire subdivision. Prior to each unit being built, they were approved by
the Commission.
Mr. Hoffman asked if the floor area included the area of the garage.
Mr. Warren indicated that it did not--the garage would have to be 400 square feet
(two car garage).
Mr. Hoffman declared this would make the garage out of proportion to the house.
He reiterated that he was against giving the applicant a blanket variance. The
residents are fighting a carte blanc of 100% blanket variance for the 49 homes.
Member York asked him if he was opposed to 35% of the homes being granted a
reduction in floor area.
Mr. Hoffman stated he was not--he opposes the 100% blanket variance.
Member York explained that the word "blanket" here is used only in the sense that
they do not have any plans for the 2-3-4 bedroom houses, and not "blanket" in the
sense that the entire 49 homes would be granted this variance.
Mrs. Phyllis Lord, 1627 Marl Avenue, stated the homes that have had this variance
granted are a detriment to the neighborhood; they look terrible, and if this
request is approved, it will not help matters any.
~irector Warren discussed the variance approved by the Commission in October 1967.
Mrs. Lord claimed that the homes actually built are smaller than that approved
by the Commission. Member York maintained that once the Commission approves such
a request, it then becomes the supervision of the Building Inspection Department.
If, in fact, the houses were built smaller than the size granted, she should notify
the Building Inspection Department and the City Attorney.
There being no further comment, either for or against, the hearing was declared
closed.
Member Guyer felt the 35% control granting not more than 10% reduction was a
better and more flexible control than they previously granted.
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Member Adams felt the only difficulty in working under that rule was that the
subdivider could decide to build 35% of these homes in the smaller sizes.
Member York felt this wasn't realistic--he wouldn't be able to get financing
for that.
The Commission discussed this aspect and concurred that the variance should be
similar to that granted in 1967.
Mr. Warren delineated the request as granted in October 1967. He added that
Princess Manor does not want to be restricted to the same houses they previously
built, but that they would be satisfied with the same ratio as previously granted.
Member York discussed the formula he suggested at the August 26 meeting: allow
17 houses at a 10% reduction; 18 houses at 5% reduction. He added that he has no
quarrel with the recommendation of the Planning Director.
Director Warren remarked that he was trying to simplify it; it may be that 10%
reduction for the 4-bedroom houses will be too much.
Member Adams maintained that all of these homes will be subject to the approval
of the Planning Commission, and if the houses look improperly designed, the
Commission will have adequate grounds not to approve it.
Chairman Hyde felt something should be stated in order to safeguard against the
developer putting in all two-bedroom homes in this area.
MSUC (Stewart-Guyer) Approval of the variance as follows:
Of the 49 homes proposed for construction, permission is given to reduce the
floor areas of 35% of the homes up to 10% of ordinance requirements. Also,
that a mixture of houses (number of bedrooms) reduced be similar to the pro-
portion of that of the original variance granted October 2, 1967. Final
appmoval of the plans for houses so reduced be submitted to the Planning
Commission for review.
Findings be as follows:
a. That the strict application of the zoning regulations or requirements would
result in particular difficulties or unnecessary hardships inconsistent with
the general purpose and intent of the regulations.
The location of tt~is property is such that compliance with established building
size regulations would be inconsistent with surrounding improvements.
b. That there are exceptional circumstances or conditions applicable to the
property involved or to the intended use or development of the property that do
not apply generally to other property in the same zone or neighborhood.
The homes in the surrounding area are equal to or smaller than the homes
proposed here. This is the last unit of this subdivision in this vicinity.
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c. That the granting of a variance will not be materially detrimental to the
public welfare or injurious to property or improvements in such zone or neigh-
borhood in which the property is located.
The variance as recommended would represent a gradual upgrading of the area.
cl. That the granting of a variance ~ill not be contrary to the objectives of
the General Plan.
This variance as recommended would seem to have no effect on the objectives
of the General Plan.
PUBLIC HEARING: Prezonin~ - Property along the west side of Fourth Avenue, south
of "L" Street (Milli~an-McMillin Fourth Avenue AnnexationI from
CountS R-2-A to R-1
Director of Planning Warren explained that following the discussion at the
meeting of August 26 concerning annexing this property to the City, the Commission
initiated this hearing for prezoning of that property. The staff asked, at that
time, to include the one-acre parcel to the north which is under another ownership;
however, the annexation request that went to the L.A.F.C. did not include this
parcel. The prezoning hearing was called to consider R-1 zoning for both of
these parcels. The owners of the property to the north have indicated their
opposition to this zone change since they prefer R-3 zoning; however, the Commis-
sion could not consider R-3 zoning tonight, since it has not been advertised as
such. The staff would recommend that the Commission recommend R-1 zoning for this
area and exclude that property to the north.
This being the time and place as advertised, the public hearing was opened.
Mr. J. D. Peters, representing the applicants (Milligan and McMillin) stated he
was present to answer any questions.
Mr. Robert Sullivan, attorney representing Mr. and Mrs. Paddelford, owners of the
property to the north, stated he had very little to add to what the Planning
Director has said. He declared that his clients will come to the Commission in
the near future requesting another zone for their property. They are, at this time,
requesting that their one-acre parcel be deleted from this request.
There being no further comment, either for or against, the hearing was declared
closed.
MSUC (Guyer-Rice) Resolution of the City Planning Commission Recommending to the
RESOLUTION No. 637 City Council Prezoning for Property Known as Milligan-McMillin
Fourth Avenue Annexation.
Findings be as follows:
a. The General Plan designates this area as medium density residential to which
the R-1 zone conforms.
b. Subject parcel is adjacent to new single-family subdivisions to the south
and west.
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PUBLIC HEARING: Variance - 515-519 and 521Glover Avenue - Reduction of front
yard setback from 20' to 10' and request to permit 3 compact size
parking spaces - Zogob and Barajas
The application was read in which a request was made for a reduction of front
yard setback from 20' to 10' for the construction of an apartment building at
515, 519 and 521Glover Avenue. The application also included a request to
design three of the 33 required parking spaces for compact cars.
Director of Planning Warren submitted a plot plan noting the area in question,
the adjacent land use and zoning. He indicated that in the new zoning ordinance,
setbacks such as this one are established at 15 feet, which is what the staff is
recommending in this case. Mr. Warren discussed the landscaping proposed for
the 13' parkway and the width of the present right-of-way. He commented that
it would be more appropriate to ask for a vacation of a portion of Glover Street;
however, this would take much longer and is complicated by the sidewalk location.
This being the time and place as advertised, the public hearing was opened.
Mr. Richard G. Zogob, one of the applicants, stated he hopes the Commission
will grant him the extra 5' setback he requested as it is necessitated by the plan
they submitted to the Planning Department. It shows the building 30' from the
curb line. In the interest of getting a more aesthetic building and to promote
spaciousness, they chose to reduce the units to 22 instead of 25, and the loss of
this 5' setback will cost them 30 square feet per unit. This is a secondary street,
80 feet wide, and to vacate any portion of it would be a lengthy process. They
are trying to work around the pole transformer on the property belonging to the
supermarket (B-J Ranchmart) since it will take approximately $1,000 to move it.
Director Warren explained the proposed parking layout stating tile spaces would
have access from the alley.
A letter favoring the request from a Mrs. Freeman was noted.
There being no further comment, either for or against, the hearing was declared
closed.
Member Adams commented that he was always in favor of acting in accordance with
the Commission's established principles; however, in this particular case, he
wonders if they shouldn't just give them the 10' setback; it is a short street
and an extra-wide street.
Member Stewart remarked that there must be some hardship shown to justify the
variance. He discussed an adjacent case recently considered by the Commission
whereby the Commission held the applicants at the 15' setback. He added he cannot
see how they can place themselves in a position of granting lO feet here and
15 feet on the corner lot.
Director Warren discussed the staff's study on setbacks in the older part of the
city made about one year ago. He suggested that, in the future, when these requests
come in for an individual parcel, the Commission take a look at the whole street.
Member York suggested they grant this variance and set the balance of the street
for hearing. This will certainly cut down on the number of requests in the
future.
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MSUC (Stewart-Rice) Approval of variance subject to the following conditions:
1. The compact spaces shall have minimum dimensions of 7-1/2' × 15'.
2. Revised plans utilizing a 15' front setback shall be submitted to the staff
for approval.
3. The front setback and the 13' parkway shall be landscaped and maintained and
three street trees a minimum of 6' high shall be planted in the parkway.
Findings be as follows:
a. That the strict application of the zoning regulations or requirements would
result in particular difficulties or unnecessary hardships inconsistent wi th
the general purpose and intent of the regulations.
Setback - A 20' setback would be an unnecessary hardship on this parcel since
an extra 13' parkway is maintained as well.
Parking spaces - It is the intent of the ordinance to provide adequate
offstreet parking. The compact spaces can be assigned to tenants with
compact cars.
b. That there are exceptional circumstances or conditions applicable to the
property involved or to the intended use or development of the property that do
not apply generally to other property in the same zone or neighborhood.
Setback - 15' setbacks have previously been approved for multiple-family
uses in recognition that deeper setbacks on local streets are unnecessary.
Parking spaces - a 10% allowance for compact cars has recently been approved
by the Commission for the new zoning ordinance presently in preparation in
response to the recent trend toward the use of foreign-made compact automobiles.
c. That the granting of a variance will not be materially detrimental to the
public welfare or injurious to property or improvements in such zone or neigh-
borhood in which the property is located.
Setback - No apparent detriment to the area by the approval of this request
is anticipated. This neighborhood will u~timately be redeveloped with R-3
uses which could utilize the same setback under new ordinance provisions.
Parking spaces - The spaces will be assigned to residents of the subject
property.
d. That the granting of a variance will not be contrary to the objectives of
the General Plan.
The General Plan will not be affected by the approval of this request.
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PUBLIC HEARING: Variance - 370 E Street - Request for reduction in number of
required offstreet par.k.~n9 spaces (Garden Farms Market) -
Pugh & Moore
The application was read in which a request was made that no additional parking
be required for a store remodeling job that would add more space to the floor area,
for the market at 370 E Street.
Director of Planning Warren submitted a plot plan noting the location, adjacent
land use and zoning. He stated that the staff just discovered today that the
proposed addition will be encroaching into the R-3 zoned area of the property,
which means that the matter will have to be readvertised. The applicants have
9,360 square feet of building, 6,200 square feet of which is devoted to the sales
area and the remainder is used for storage and work area. The parking requirements
are based on the sales area. There are presently 34 striped spaces on the
property with room to put 4 more in the alley. This leaves them wi th a deficiency
of 9 spaces. Since they propose to make a 12' X 60' addition, they would have
to come up with a total of 51 spaces. This becomes quite a problem because it is
an established business and they indicate that much of their business is "walk-in"
which could justify the granting of the request.
This being the time and place as advertised, the public hearing was opened.
Mr. Jay Pugh, one of the applicants, discussed his plans for remodeling the store.
He stated he plans to come out a maximum of 10 feet for the addition and go
completely across the building. They will also be putting in new floors, ceiling,
etc. He added he cannot give any specific figures until a complete blueprint of
the layout is made. They will use angle parking in the back with access coming
in from the alley. This building was built in 1948 and purchased by the applicant
in 1962; this addition has always been in back of the store.
The Commission discussed how often the parking lot was filled. Mr. Pugh declared
that he took a survey for three consecutive weekends and the top customer count was
106 people. It is a rare instance that all of the 30 shopping carts in the store
are used at one time.
Director Warren noted a petition received favoring the request signed by 23
residents.
There being no further comments, either for or against, the hearing was declared
closed.
Member York asked if the R-3 encroachment could be handled as a separate matter
and this particular request considered now.
Mr. Warren indicated that the Commission would only be approving this in concept.
He added that the staff wants to give more thought to the parking spaces as they
are concerned with the dimensions.
MS (York-Stewart) Indicate to the Planning Director that the concept of this
request meets wit~ the approval of the Commission, and that he be directed to
readvertise the variance to include the encroachment into the R-3 zoned area.
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The Commission discussed the concept of the proposed plan, and the proposed
parking. Director Warren requested that the Commission file this request and
direct the staff to readvertise the matter. This is a confusing situation--the
parking plan is for existing situation, and there is a question as to how they
could accommodate their parking.
Member York withdrew his motion.
MSUC (Adams-Guyer) Application be filed and readvertised for the September 23
meeting.
The members then indicated their individual approval of the concept of the plan.
Request for modification of variance at 98 Fourth Avenue
Director of Planning Warren explained that the Commission granted this applicant
a reduction of setback from 20' to 10' to permit wider parking spaces for their
proposed apartments. In the final plans for this development, they find that the
foundation supports are inflexible in their development and to get the required
amount of parking, a few of the spaces will be reduced to 8-1/2'. The staff
recommends approval of this modification of the request.
MSUC (Adams-Rice) Approval of the modification of the variance allowing 8 parking
spaces to be 8-1/2' wide; the rest of the parking spaces will be 9' wide.
Request for approval of signs in the Supplemental "D" zone - Peters Garden Shop -
Bonita Vil}a~e Shopping Center
Director of Planning Warren submitted a sketch of the two proposed signs to be
located at Peter's Garden Shop in the Bonita Village Shopping Center. The
building is located in the "D" zone and, therefore, tile Commission must approve
signs. The two signs are identical measuring 3' X 8' and are wood plaques with
rustic motifs. They will be dark brown in color with yellow painted etched
letters and will be attached to the face of the buildings.
The Commission took note of the fact that this request came in for approval before
the signs were actually erected.
MSUC (Guyer-Adams) Approval of the signs as submitted.
Council Referral - Reconsideration of amendment to the Zoning Ordinance regarding
the establishment of mobile home parks
Director of Planning Warren referred to the staff comments on this item whereby
he requested a report from the City Attorney. The Attorney is on vacation and a
report has not been submitted by him. Mr. Warren suggested this matter be continued
to the meeting of the 16th. The ConmHssion has to report back to the Council for
their meeting of October 22.
MSUC (Rice-York) Matter be continued to the meeting of September 16, 1968.
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Resolution establishing ~uidelines under the provisions of the Supplemental "D"
zone for the development of property at the rear of 772 Third Ave.
Director of Planning Warren explained that during the consideration of this item,
the Council expressed concern about the use of the 55 feet of frontage which
would remain in the C-1 zone along Third Avenue. They wondered if commercial
construction could take place here. The Council specifically requested the
Commission to indicate that this should be reserved for parking or access to the
apartment project in the rear.
Mr. Warren remarked that he talked to the agent for the applicants and he
objected to this resolution, stating it was unfair. The question that is important
is that it is necessary to reserve some access. The City Attorney has advised us
in the past that guidelines are not ordinances and does not mean it is part of
the zoning; however, it does give the applicant some indication of what the
Commission will look for. The staff is concerned with proper access and do not
want it reduced to an i~nproper access from all of the residents that must use it.
Member Adams mentioned that they would have to show access plans when they bring
in their plans for approval under the supplemental "D" zone.
The Commission discussed their control under the provisions of the "D'~ zone and
agreed that proper access must be reserved.
MSUC (York-Stewart) Resolution of the City Planning Commission Establishing
RESOLUTION NO. 538 Guidelines for Development under the Provisions of the
Supplemental "D" Zone for Property Located West of 772
Third Avenue
The following is established:
That subject frontage consisting of two parcels measuring 25' X 125' and
30' X 125' should be retained for access or parking for the proposed multiple-
family development to the west.
Consideration of revised tentative map of Flair Subdivision, Unit #4 (formerly
Units 5 & 6) -.North of Orange Avenue, east of proposed In}and
Freeway
Director of Planning Warren explained that at a previous meeting, Commission took
action that this map be extended subject to certain revisions. The developers
have now submitted this revised map incorporating the revisions which concerns
the small.area of canyon retention which was to be dedicated to the City; however,
the Commission then decided that this canyon retention should be concentrated to
the north. The developer has brought the lot lines down to the canyon along the
east side of the property ownership lines and replaced the two cul-de-sacs wi th
a loop system. The staff recommends approval of the map subject to the original
conditions.
MSUC (Guyer-Rice) Recommend approval of the revised map and also that the tentative
map be extended, subject to the following conditions:
1. This approval is subject to the original conditions of approval of the
overall map (June 6, 1966 and March 6, 1967).
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2. A 10' sewer easement shall be provided between Lots 278 and 279 and a
sewer line shall be constructed in said easement with a manhole in
Lilac Avenue.
3. Some off-site drainage construction will be necessary, such as at the
southerly end of Lilac Avenue and east and south of Lot 280.
Discussion - Proposed annexation to National Cits of properts in the Sweetwater
Valles
Director of Planning Warren explained that National City has filed for annexa-
tion approximately 1400 acres of mostly vacant property north and south of the
Freeway in the Bonita Valley area. San Diego has filed a counter annexation
request of the area north of the freeway. Both requests are now pending before
the L.A.F.C. The staff is requesting that the Commission forward some request to
the Council on this matter. As a staff, they cannot send a representative to
this meeting unless directed to do so.
Approximately four years ago, Chula Vista and National City entered into a
Gentlemen's Agreement as to this growth area to the east. A boundary was agreed
upon whereupon National City would take that north of Sweetwater Road and Chula
Vista that to the south. The staff, however, recommended that the South Bay
freeway become the boundary. Mr. Warren added that Bonita is a separate community
and should be retained under one jurisdiction; the whole area should either stay in
the County, go to Chula Vista, or to National City. Many residents in the Valley
have informed the staff that they would prefer to annex to Chula Vista.
One month after this "Gentlemen's Agreement" was entered into, National City and
the L.A.F.C. ignored it when they approved the National City airport annexation.
Mr. Warren commented he is not representing the Chief Administrator or the City
Council in stating that this agreement is no longer valid--this is his personal
opinion.
Director Warren then discussed Chula Vista's boundary lines sa~ing that from a
Planner's standpoint, the corridor connecting Chula Vista to the Valley should
not have been approved; however, Chula Vista has done more for the Valley because
of this annexation. He further added that he discussed this annexation with
the Planning Director of National City (Mrs. Hazel Stockman) and she indicated that
prezoning for this area would be accomplished prior to annexation and that they
would be working with the developers on this.
Member Stewart agreed that a recommendation to the Council should be forwarded by
the Commission urging opposition to this annexation, and also to point out that
the staff is working with residents in the Valley on a prezoning plan. He felt
this would be a strong argument because the people in the area requested that
Chula Vista work with them on this prezoning study.
Member Rice commented that he knows that most of these residents feel that their
future lies with Chula Vista.
MSUC (York-Stewart) Commission requests that the Council formally protest that
portion of the annexation south of the South Bay Freeway for the following reasons:
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1. The boundaries are circuitous and have no relationship to the present
limits of National City. Approval of such an annexation would be
contrary to the very purpose for which the L.A.F.C. was formed.
2. This annexation would further divide the Sweetwater Valley among
three jurisdictions which would destroy the community identity
centered around Bonita.
3. The area involved could be better served by Chula Vista and would
represent a logical expansion of our existing boundaries.
4. At the request of Valley residents, the City Planning Commission is
presently working with a committee of fifteen (15) Sweetwater Valley
residents in an effort to develop a reasonable prezoning plan for the
ultimate development of the Valley. Until this study is completed and
the majority of the Valley residents have been given an opportunity to express
their views concerning annexation, we believe that the annexation proposed
by National City should be filed.
To be set for hearing: Rezoning of property along the north side of H Street,
east of Smith Avenue, from R-3 to C-1-D
MSUC (York-Rice) This hearing be set for the meeting of September 23, 1968
Chairman's Report
Chairman Hyde reported on the last meeting held with the Sweetwater Valley
Planning Committee. He discussed the comments made by the City Attorney, the
boundaries agreed upon, and the election of the Chairman (Glen Guerin) and
Vice-Chairman (John DeBello).
League Conference
Director Warren stated that the September meeting of the League of California
Cities will be held Friday, September 13, 1968, at the Bronze Room Restaurant
in La Mesa. He asked that the Commission indicate, no later than September 11,
whether or not they will be attending.
Engineering Recommendations
Member York discussed the requirements set forth by the Division of Engineering
in relation to subdivisions, etc., especially in regard to drainage, street
improvements, etc. If this is spelled out in the ordinance or City Code, they
should stipulate that the drainage or paving be improved according to the City
ordinance, subject to the approval of the City Engineer.
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Member York felt it was not right for the Con~nission to discuss the merits
of certain proposed conditions and then find out that these same conditions
are covered by the ordinance; it becomes confusing.
Assistant City Engineer Gesley stated they spell out these requirements for
self-protection. It would be too vague to say that the drainage should be
improved to the satisfaction of the Division of Engineering. They note these
conditions for the benefit of the developer so that he is aware of what is
being required. It also calls to his attention the cost factor that will be
involved.
Member York cited some recent examples whereby the Commission became involved
i~l a long discussion over an engineering requirement only to find out it was
covered by ordinance. He added that the Commission does not wish to get into
the technicalities of this, but that if it is something quite unusual, then it
probably should be spelled out.
Director Warren agreed, remarking that the engineering requirements come to tile
Commission as a recommendation and if they (Engineering) do not specifically state
that it is an ordinance requirement, the Commission may become confused and
start arguing about it. This puts them in a peculiar situation.
ADJOURNMENT
MSUC (Rice-York) Meeting be adjourned to the meetings of September 16 and 23
at 7 p.m. in the Council Chamber. The meeting adjourned at 9:15 p.m.
Respectfully submitted,
."Jennie M. Fulasz
~= Secretary