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132 <br />?. <br />? <br />2 <br />Mayor Carmen reyi,ewed the background of this topic. He said <br />when he returned from being out of town he learned that a garage <br />was being built at 6735 Hickory Hill Drive. He learned that the <br />neighbors were upset because they felt the garage was out of <br />proportion to the size of the lot. He s.aid after seeing the <br />size of the building, he shared their feelings that the lot <br />size was too small for the size of the proposed building. <br />Mayor Carmen said there was a meeting on the Monday after he <br />returned (September,15). At that meeting there was a <br />miscommunication. Council and I had asked whether or not the <br />plans for this building had passed through the Architectural <br />Review Board; and it uaas indicated that they had. They had not <br />been. Accordingly, he checked with the Building Commissioner <br />and Law Director as to whether the building permit which had <br />been issued was validly issued in light of the fact that the <br />A.R.B. had not reviewed these plans. He was advised that the <br />building permit was improperly issued and had to be revoked. <br />On the exact same day that he learned of this, he asked the Law <br />Director and the Building Commissioner to revoke the permit. <br />That was done. <br />Thereafter, the question arose as to whether or not this <br />particular individual would have to abide by the new code which <br />was passed in the interim, or whether.or not they were still <br />allowed to build under the pre-existing ordinance since they <br />had "vested rights" - their application to build had been put <br />before the Building Commissioner prior to the institution of <br />the new ordinance. Mayor Carmen said he pushed the Law <br />Director for a quick answer and the Law Director said it was <br />his opinion they would have to build under the new ordinance; <br />and Mayor Carmen advised residents of this opinion. The <br />following morning, Mayor Carmen said he was contacted by the <br />Law Director. Mr. Feneli said he had done more legal research <br />on this isssue,a,nd h,atl come to the conclusion that the <br />individuals who had,made their application prior to the new <br />ordinance had.vested rights, and in all likelihood would be <br />allowed to build under the old ordinance. <br />Mayor Carmen said he sent a letter to the Architectural Review <br />Board members last week, and read the letter (a copy is <br />attached to these minutes. ) In that letter Mayor Carmen had <br />asked the A.R.B. members to attend this Special Meeting and to <br />hold a Special A.R.B. Meeting following this meeting,. Since <br />the A.R.B. had not yet seen the .plans, they still had the right <br />to reject them if they did not meet their set rules and <br />guidelines. <br />Mayor Carmen said he disagrees that the meeting should not have <br />been held this evening, as stated in their minutes; he thinks <br />it should have been held this evening. Mayor Carmen said in <br />light of the fact that the meeting was held was an improper <br />meeting, he will request that they hold another meeting so the <br />public could be present.