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RESOLUTION TO APPROVE AGREEMENT AND GRANT PERMISSION TO MAINTAIN A BLENDING PLANT FACILITY
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WHEREAS, Harold Robert Rees, Jr., has applied for a variance under the Airport Zoning Ordinance of Jonesboro, Arkansas, sections. 3-9 to 3-29 of the code of ordinances of the City of Jonesboro, Arkansas (hereinafter referred to as “code”) for the erection and maintenance of a fertilizer blending plant located upon real property leased by said applicant form the Missouri-Pacific Railroad Company situated in the Jonesboro District of Craighead County, Arkansas and described as follows:
From the intersection of the North line of Section 27, Township 14 North, Range 4 East, Craighead County, Arkansas, measure southwestwardly along the center line of mail track, 91.5 feet; thence northwestwardly at right angles to last described course, 75 feet to the intersection of the northerly right-of-way line with the southeasterly right-of-way line, for the point of beginning; thence westwardly along said northerly right-of-way, 86 feet more or less, to a point 9 feet distant, measured southeastwardly from and normal to the center Track No.12, thence westwardly parallel to center line of said Track No.12, 481 feet more or less, to the northwesterly right-of-way line; thence southwestwardly along said right-of-way line; thence eastwardly along said right-of-way line, 558.3 feet to the said southeasterly right-of-way line; thence northeastwardly along said southeasterly right-of-way line, 330.75 feet to the point of beginning; containing 140.535 square feet more or less, in the Northeast Quarter of said Section 27. (“References are to Track and right-of-way of Missouri-Pacific Railroad Company”); and
WHEREAS, the city building inspector of the City of Jonesboro issued a building permit to said applicant for the construction of the blending plant facilities under date of July 20, 1964; and
WHEREAS, after the building has been about 75% completed, it was determined that there was a technical infringement as to the location and height of said building with respect to the limitations as to height set forth in the Airport Zoning Ordinance of Jonesboro, Arkansas; and it was necessary for the applicant to submit a request and application to the Federal Aviation Agency for permission to erect and maintain said building at the planned height and location; and
WHEREAS, pursuant to authorization of the City Council of the City of Jonesboro, The City Attorney filed a suit in the Chancery Court for the Western District of Craighead County, to enjoin the further erection and maintenance of said building; and
WHEREAS, on November 25, 1964 the Federal Aviation Agency found that the construction of said building would not result in a hazard to air navigation provided the structure was obstruction marked and lighted in accordance with applicable standards and regulations; and
WHEREAS, the Federal Aviation Agency on December 23, 1964 notified the Mayor of the City of Jonesboro that the agency did not consider said building to violate the terms of the Project application dated June 25, 1948 between the Federal government and the City of Jonesboro; and
WHEREAS, a literal application of enforcement of the Airport Zoning Ordinance of Jonesboro, Arkansas and the regulations thereunder would result in difficulties and unnecessary hardship to the applicant, and it would not be contrary to the public interest to grant the relief requested by him by way of a variance but would do substantial justice and be in accordance with the spirit of said Airport Zoning Ordinances;
NOW, THEREFORE be it resolved by the City Council of Jonesboro, Arkansas that said application be and the same is hereby approved, and that said application be and he is hereby granted permission to maintain the said building at its present height and location; subject to the condition that the structure is obstruction marked and lighted in accordance with applicable rules and regulations of the Federal Aviation Agency.
BE IT FURTHER RESOLVED that the City Attorney of the City of Jonesboro be and he is hereby authorized and directed to take a voluntary non-suit of the injunction suit now pending with respect to said building, without prejudice.
PASSED AND APPROVED this 19th day of January, 1965.