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Home My WebLink About11-15-60328 BANK ST, BETWEEN UNIOPI & NFWBERN AVENUI'S TO BF OPENED, R~ZnI GIVEN TOWN ALONG 4LI~FY TOWN ATTY,S OPINI0~1 ON Bt?ILDING PFRP~T APPLICATION FOR CONSTRUCTION OF TEMPORARY BLDG. PT COR. JEFF.AVE, 4ND FOURTH ST. Minutes of the regular meeting of the Pulaski Town Council, he1~ on the lath day of November, 1960, a.t Zt P. M., in the Munici~a~_ office. There were present-: Mayor C. V, Jackson, nresid~.ng. Councilmen: Billy B. Flint, W. S. Cummings, T. J. McCarthy, Glen K. Au~t, F, I„ Carrico, John Tr'. Nash, Eugene L. Nuckols, Claude B. Gallimore Also present: Town Manager: T. B, Noland Clerk: Gladys R, Dalton Town Attorney: Garnett S. Moore Visitors: Bill Akers, reporter .for the Southwest Times Melvin I~a.ng, r. eporter for the Roanoke Times Trlayne Black, Bill Dalton and JoE Holderfield, members of Y"s Mend Club The invocation was given by Councilman Flint. Minutes of the regular meeting of November 1 were approved. Councilman Aust reported that the two matters which had been referred to the Recreation Committee were st~_11 being considered, and no report could be made at this time. Town Manager Noland explained the need and feasi- bility of opening up Bank Street between Union and Newbern Avenues, and stated that land owners had offered a.n additional 10 ft. right of way along a 20 foot alley between 3rd Street and Bank Street, conditioned upon the To-,m's improving the resulting, 30 ft. Street and Bank Street. Councilman Gallimore made the motion that the matter of opening Bank Street between Union an-? Newbern Avenues, be .referred to the Street Commit+,ee for a report to the Counc~.l, which motion was seconded by Councilman McCarthy, and carried on a unanimous vote. ?~~ a previous meeting, Council had asked Town Attorney Moore for an opinion on the complaint offered by Councilman Carrico to the construction of a temporary building on the lot on the northwest corner of ~?efferson Avenue a,nd Fourth Street, Aiorth, by the Y's hen's C1_ub, Mr, Moore's opinion was read to the Council, <ind is as follows: 1 1 1 T~~~~~I Council rains. contd. Nov, 1.5, 1960, L~ n, M. "The facts obtained would indicate that the Y's Men's Club has constructed, or is in the process of constructing a temporary building anproximatel,y ~~°' long, 61' wide, a.nd 7 feet high. This b uildin~ is of frame construction with tar paper roof. It does not have a foundation, but is so built as to make it possible to move or transport it to other locations. "According to the information received, the building it to be used in connection with the sale of Christmas trees by the organization. They intend to use it as a chelter and storage ol.ace. "The Y's Men's Club was advised that they would not need a permit for the construction. The ToUm Manager, being guided by a provision of the Pudding Code which makes it unnecessary to obtain a permit when the building is to cost less than One Hundred Dollars ($100.00), did not rea,ui.re ;~ permit in this case. This is the apparent course which has been followed in procedure pertaining to securing of permits. It eliminates many inconveniences to citizens of the To-.an in obta~_ning permits~f or ATTORNEY"8 i.nconse~uent~_a7. repairs and construction. No fee is reruired for construction of the value of less than One Hundred Dollars ~10~,00). OP_T_NTO~T 'RJhen revi.Pwing thF facts and a.np?_ying the Zoning Ordinance to them, T have found that there are several Harts of the ordinance to cens~ ~?er, namely the .fo17 owing: Article L - paragraph 9 and paragraph !~0 Article ? - paragraph 9 ^nd paragraph P.rticle ?0 "4rticle !~ - paragraph 9 defines a temporary b~.ailding to be "any structure wh_ch is intend ?d to be used or occupied for only a limited time or which is not permanently supported by a foundation. "Pa.ragraph !t0 of the same Article defineG a trailer. This section is of im_oortance i.n that the building in cuestion might under this definition be considered to be a trailer. Should this be correct, then the terms of the Town Code Section 19-3 et seo, as amended, would possibly control. This being true, the determination of whether the building could legally be located on thc~ lot would be a matter for the council to decade. '!Article 7 -paragraph 1 and 8, and Article ?_0 are all mandatory and must be read together. "Art.cle 7 - par?graph 1 rPOUires that no lot, building or structure shall be used, constructed, or erected except in conformity with the regulations prPSCri.bed by the ordinance. "Paragraph fl of the same Article prohibits temporary buildings or structures used or intended to be used-----from ~ eing erec ed an any residential or business district,- This includes the following: "used or intended to be used as a. place of pub7_ic assemb7.,y, such as tents, stands, platforms, and booths shall be ------" and sets up some specific uses. "A further limitation on any temporary building or structure is also found an this paragraph. There is a 60-da~,r limitation regardless of the district. Therefore, it must be concluded tha under the provision of _4rticle 20, a building permit would be rec!uired and that when the other sections referred to are applied to the facts present in this m:3ttex, then a Hermit could not have been properly issued in this case under the Building Code in the! first instance. '1~F.dt7'~t Council mins. contd. Nov. 15, 1960, ~i P. M. "Upon application, by the Y's Men's Club, for a vermit and its refusal by the Totrm I~lanager, an ax~pea7 tc thF, Board of Zoning Appeals would have been in order. ~^.'h ether a variance woulc have been granted then, or should be granted now upon nrot,~r apnli_~ati cn, is defini te7y another matter a.nd would be for the determination of the Beard of Appeals. :'1TTORNFY'S "It is most difficult at times to render decisions against organizations with charitable and civic purposes as is the goal and purposes of the Y's Nien's Club. This is true because no one desires to do anything which would seem to hinder the purposes of such clubs. However, as above OPINIOAi stated, the Club does have means by which they can seek relief. The further process also provides a method for. adjacent property owners to be heard and have any objectiotzs which they ma.y have may have considered at the same time. "The first steps in seeking a permit under the Zoning Ordinance does not provide for any tyke hearing for either party or ~.ATTFR L~IITHH~'ID parties, and thus decisions made by the Tot"m Manager are UNTIL AFTER, SAIF seemingly arbi.trar,•, but necessary. OF CuRTSTMAS TRFFS IS COM°LFTu'D "It is therefore concluded, in accordance with the above, that a permit could not be issued under the Zoning Ordinance i.n the first instance. tflhether the Board of Appeals would issue one as a variance could only be determined by that Board." On motion of Councilman Carrico, seconded by Councilman Flint, and carried unanimously, ~_t was RrSOLV~D, that as a result of h?r. Moore's opinion, any action on the matter be withheld until after the Christmas tree sales are over, and provided the Y's Nen's Club do r_ot i_nsta7.1 a loud speaker and play Christmas Carols. Town Manager Noland read a resolution which has beer.. adopted by the New River Valley Industrial Commission, and a letter from the U. S. Department of Agriculture, acknowledging receipt of this resolution, relative to the proposed development of iron ore in the Giles and Bland County mountains near Narrows and Pearisburg, Virginia, on RESOLUTION lands lying within the Jefferson National Forest, and stated the NRVIComm. ADOPTED REL. TO PROPOSED asked that the governing bodies ado?~t resolutions favoring the proper DEVF?:OPIvTFNT OF IROP1 ORE development of mineral resources. On motion of T. J. P~cCarthy, seconded IN GILES CO. by F. L. Carrico, and carried on the unanimous vote of those bresent, the following resolution was adopted: i~JIiEREAS, Geological studies indicate that it would be economically feasible to quarry and process iron ore i_n the Giles and Bland County mountains near Narrows and Pearisburg, Virginia, on lands lying within the Jefferson National Forest; and, 'NHEREAS, the proper development of mineral resources is thought to be practical whi.7.e at the same time carrying out the conservation and recreati.ona.l objectives of the National Forest, NO'~r1, THEREFORE, BE IT RESOLVED, that the Council of the Town of Pulaski, Virni_nia., approves and favors exploration F . r.. {_?t?s Council mins. contd. Nov. 15, 1960, 1, P. N. of the iron ore deposits in Jefferson National Forest as proposed by E. L. KPesling by means consistent with sound principles of conservation and the protection of water supply sources. Council was reminded by N•ayor Jackson of their brev~ou~ action in approving the closing; of Loving Field a.t such time as the New River Valley Airport was opened, a.nd was advised that the closing of Loving Field would take place simultaneously with the formal opening LOVING FIFID of the New River Val.l ey Airport on December 1, 1960. CLOSED DFC. 1, 196C;NRVA. ToUm P3anager Noland advised the new concrete bridge OPT'NED SANE DATA' across the new channel, connecting First and Second Streets, Fast, had been opened for traffic on November 2nd. D?F[n1 BRI DC~'~ CONNFCTIA?C= There being no further business, the meeting FIRST Rc SECOND STS. OPEN FOR adjourned at 5:10 P. Ni. TRAFFIC r?OV. 2,196n Approved: _/ ~S~C~d_z~/ mayor ATTEST: "~~'~ er 1