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Session 1827 <br />December 3, 2001 <br /> <br />AVENUE AND DELETE A STOP SIGN ON COLBY AVENUE SOUTHBOUND <br />AT BARTMER AVENUE; CONTAINING A SAVING CLAUSE AND PROVIDING <br />A PENALTY. <br /> <br />The bill was given its second reading. <br />The bill was given its third reading. <br /> <br />Mr. Lieberman moved adoption. Mr. Schoomer seconded the motion. <br /> <br />Mr. Lieberman stated that there were a number of citizens at the Traffic Commission <br />meeting that dealt with this issue. There was uniform agreement that these changes <br />would be very beneficial and solve many of their problems with that intersection. <br /> <br />The roll call vote was as follows: AYES: Mr. Lieberman, Mr. Schoomer, Mr. Sharpe, Mr. <br />Wagner and Mayor Adams. NAYS: none. Bill number 8568 passed unanimously and <br />became ordinance #6342. <br /> <br />BILL NO. 8569 - APPROVING A FINAL SUBDIVISION PLAT OF A TRACT OF <br />LAND TO BE KNOWN AS SLAVIN'S SUBDIVISION AND LOCATED AT 312 <br />GAY AND 8050 LAFON. <br /> <br />Bruce Crowe, 508 Mapleview, stated that the subdivision of the lot into three is the only <br />issue before Council this evening. Mr. Crowe said that the controlling law on this issue <br />seems to be Shafer vs. Cleveland. He believes that there are two critical differences <br />between that case and what is before Council. The facts are different in that our zoning <br />code is different than Kirkwood's. He read some excerpts from our City Zoning Code, <br />specifically sections dealing with boundary adjustments. He believes that this is really a <br />boundary adjustment, not a subdivision. He suggests that the City order a formal legal <br />opinion on this matter and table this issue this evening. He believes that both these lots <br />are not under single ownership right now, but that the buildings are currently occupied. <br />This would create a nonconforming use, by creating a home that encroaches on two <br />other lots. He firmly believes that the City Council has the discretion to deny this bill, <br />but would suggest that the City order a legal opinion before any further action is taken. <br /> <br />Joan Botwinick, 511 Westview, stated that she had been in the same area for 19 years <br />and she would like it to remain in the same character that it is currently. She read a <br />letter that she and her neighbors sent to local newspapers that described the resident's <br />feelings of helplessness in attempting to convince municipalities to preserve the <br />character of their neighborhoods. It seems to be pointless to hold public hearings if the <br />will of the citizen doesn't make any difference in the outcome. This is not a democratic <br />process or representative of government. She opposes the subdivision. <br /> <br />Jerome Pratter, 240 Linden, stated that he is an attorney who is representing Nancy <br />Sachar, who lives at 8044 Lafon. He represents Nancy's interests primarily, but he also <br /> <br /> <br />