title
Minutes for the City Council meeting on October 1, 1990
body
APPEAL HEARINGS
6:50 p.m. - An Appeal Hearing was held of the MAPC concerning property located on the S side of Nettleton Ave., E. of Nelms St. for Gary Woods. Mr. Woods requested Aldermen to reverse the MAPC stipulation that he dedicate eleven (11) ft. of right-of-way in front of his business in exchange for approval on a replat request to allow for expansion at the rear of the building.
Mayor Brodell stated W. Nettleton has been designated as a major arterial street with right-a-way requirements of eighty-two (82) ft. He added that the MAPC has been asked to secure additional right-of-way as replats and rezonings are brought up before the commission.
Mr. Woods said that he felt the city has singled his property out because he has come up for a replat and added that owners of adjacent tracts have not been forced to dedicate additional right-of-way.
Alderman Hannah stated the city had been following the same procedure acquiring right-of-way for years and noted Mr. Woods was not the victim of a selective decision.
Chairman of MAPC, Lloyd McCracken and a number of the commission, Gene Vance added that state law authorizes the city to request right-of-way when considering replat approval.
Mr. Shelton voiced opposition to the acquisition of right-of-way which would bring the property line up to his front door and added one business on E. Highland had to relocate because of right-off-way required for widening the street from two (2) to five (5) lanes.
Mayor Brodell cited Section - & 9.12.01 - Master Street Plan Adopted by Ordinance; and & 9.28.02 - Building Lines Established As To Certain Streets and stated from said paragraph: “Such routes being designated ‘arterial’ will require right-of-way of 82 ft. and the provisions of this ordinance respecting buildings shall apply 41 ft. from said lines or from the centerline of the highways, streets or roads designated.”
7:10 p.m. - An Appeal Hearing ...
Click here for full text