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? I. Rol1 Call PLANIVING COMMISSION June 24, 1975 Chairman Prokasy called the meeting to order at 8:12 p,m. Secretary Eian called the roll. 1'resent: Chairman Prokasy, Mrs, Eian and Messrs. Roberts, Elliott, Freeh and Rafeld. Also Present: Mr. Gundy' Building Commissioner9 Mr. Hessler, Assistant Law Airector and Mrs. V. Hodgins, Recording Secretary. IIe Review and Correction of Minutes 2tem II (a) (1) about middle of second page "It was expl.ained one of the permitted uses in .•. ..(should be commercial instead of residential". Mr. Freeh moved to accept minutes as correctedo. Mr. Elliott seconded and mo- tion passed. TTI. Building Department (a) Old Requests (1) 5i?nmons Apartment Building - Christman and lorain Present were Mr. and Mrs. Simmons, Harry Babcock, Pres. of Bretton Ridge Civic Associationp Cvuncilman Wilamosky. Mre Gundy said proposal had been postponed at last meeting for re- ferral tv Safety Director. Meanwhile the I}irector of Law was ask- ed by Council.man Wilamosky for legal opinion. Law Dir ector Gareau has ruZed proposal is in conflict with the zoning ordinance. Mr. Gundy had interpreted,the Simmons application as being in accord- ance with the laws; he defers to Law Director's opiniono Mr. Pro- kasy gave review of the opinion: a@joining the parcel under con- sideration is Class A Cluster. Interpretation is parcel must be used for Class A Cluster residential. Some Planning Commission members expressed confusion in regard to the opinion. Mr. Minnis, attorney for Mr. Simmons mentioned setback, but basic issue is permitted nseso During discussion following it was stated ac- cording to the legal opinion, proposal does not meet the code - perhaps traditional history of apartment or multi-family in so?ne developments along the whole area was of improper interpretationa The opinion may be reprehensibl.e. Perhaps more disagreeable type of enterprise will be located on the parcel after litigation. Perhaps Zona.ng Board wi11 give variance for multifamily use. Mr. Wilamosky had no additional comments at this time. Mr. D. Ernest quoted from the Zoning Ordinance and gave his interpretation. Chr. Prokasy stated any decision by this Commission does not change the use of the lot; he gave possible alternative actions for the developera Mro Rafeld moved to reject Simmons Apartment Develop- ment at Christman and Lorain based on the opinion of the Law Dir- ector. Mrs. Eian seconded and motion passed. Roll Call on mo- tion: Mr. Rafeld, Mrs. Eian, Mre Freeh and Mr. Prokasy aye. Mr. Roberts,nay.