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48 <br />Regular Council Meeting <br />3/19/90 Page 4 <br />Discussion was held. <br />Mayor Carmen suggested a poll of Council be taken. <br />First Reading of Ordinance No. 90-17. (in title) entitled; "AN ORDINANCE GRANTING <br />A CONDITIONAL PARKING VARIANCE OF FIFTEEN (15) SPACES TO MUSCA <br />INVESTMENTS FOR A PERIOD OF TWO (2) YEARS AND DECLARING AN <br />EMERGENCY." Introduced by Mayor Carmen and Members of Council. <br />Mr. Ramos stated for purpose of the record, the variance is condirioned upon the <br />following: there will not be any evening hours after 6 p.m., there will not be more than 3 <br />doctors, and such variance is granted for a period of two yeazs. <br />Mr. Flynn said the Planning and Zoning Commission unanimously rejected this request. It <br />is a medical practice which could generate high traffic volume. He asked what could be <br />done if there became a traffic problem. - <br />Mr. Rinker said that the durarion of the problem would be 2 years. <br />Mr. Pietrafese asked what could be done in 2 years. <br />Mr. Rinker said if there were problems, the variance would not have to be renewed. This <br />would be an incentive to them not to exceed the limit. <br />Mayor Carmen said he hates going against the Planning and Zoning Commission's <br />recommendarion; he knows they give these things lots of thought. <br />Mrs. Cinco pointed out that they are not voting on the same thing. <br />Mr. Ferrante asked if it would be advisable to send the information back to Planning and <br />Zoning. <br />Mayor Carmen said that if the request was referred back to the Planning and Zoning <br />Commission and they still rejected it, would it change the vote of any member of Council? <br />If not, he said there is no point in sending it back to Planning and Zoning. <br />Discussion was held. <br />Mr. Ramos said a letter will have to be submitted by the doctors which will be attached to <br />the legislarion. <br />Mr. Flynn said he can foresee a scenario if 3 physicians built up a business with alot of <br />clients, it is possible that it could cost a good sum of dollars to try to dislodge them and <br />there could be big problems. <br />Mr. Rinker asked how it would be enforced. <br />Mr. Ramos said that if a variance is granted and there are problems that it would take a <br />lawsuit to get them out; he dces not foresee them leaving voluntarily. <br />IViayor Carmen said the Village could get a hold harrnless agreement for the landlord to hold <br />the Village harmless.