Planning Commission Minutes 2004 07 13

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Commissioner Pritchard stated that he supports the recommendation of denial of the vacation ordinance just so it can be moved forward to the City Council and the Courts. Commissioner Deborski stated that he respects the family history and the multiple generations of the families that have been involved in this issue. He stated that this is not a decision for the Planning Commission but recommends that the Commission deny the vacation so as to move forward to City Council and let them decide or send to the courts to decide who owns the property. Commissioner McAvinew agreed that it needs to go before the courts to decide ownership of the property. Commissioner Pritchard stated that he supports the staff recommendation. Commissioner Deborski stated that the commission needs to demonstrate to the City Council the empathy they have for the family and the current situation. He would like to have it not have to go before the courts if a compromise could be worked out. Chairman Lipton stated that the item could be continued to allow for the applicant and staff to work on some type of compromise but he’s not sure that a continuation is in the best interest of the applicant. He prefers to send to City Council with an encouragement for them to work out a compromise. Chairman Lipton moved that the letter from Pauline Reich dated July 12, 2004 be entered into record. Seconded by Commissioner McDermott. Motion passed unanimously by voice vote. Chairman Lipton moved the approval of Resolution No. 17, Series 2004, a resolution recommending disapproval of a requested street right-of-way vacation for a portion of Front Street located within the Murphy Place Subdivision. Motion seconded by Commissioner Loo. Chairman Lipton called for discussion. Commissioner McDermott asked if wording could be added to demonstrate the empathy the Commission has for the Applicant. Chairman Lipton requested that as a second motion. No further discussion of the motion. Roll Call Vote: Chairman Lipton called for a roll call vote. Michael Deborski, Yes; Jeffrey Lipton, Yes; Susan Loo, Yes; Tom McAvinew, Yes; Bill McDermott, Yes; and Chris Pritchard, Yes. Debra Kalish not present, excused. Motion passed unanimously. 7:40 p.m. Chairman Lipton declared a 5 minutes recess and then to come back with a second motion to show support of the Applicant to City Council. 7