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HomeMy WebLinkAboutMinutes City Council - 12/01/1969 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING December 1, 1969 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel Ronnie Sizemore City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order and stated the purpose of the Special Meeting was to hold public hearings and any other business as may properly come before the Council He asked that it be noted that a quorum was present, and explained the procedure to be followed. Mayor Blackmon announced the public hearing on Application 0169-6, Dr. W. T. Pulliam, for change of zoning from "R -1B" One -family Dwelling District and a Special Permit for trailer sales to "I-2"Light Industrial District, on a 6.15 -acre tract of land out of Lot 2, Section 4, Bohemian Colony Lands having a frontage of 510 feet, located at 1300 S. Padre Island Drive. Senior City Planner Larry Wenger located the property on the zoning and land use map and described the zoning and land uses in the surrounding area; stated that at the Commission hearing held Januhry 21, 1969, Mr. Bryan Wingo, attorney representing Dr. Pulliam, appeared before the Commission and stated that the requestwasfor the purpose of expanding the existing trailer sales operation; that the applicant had also appeared and stated that trailer -camper canopies were being assembled on this property, and that he had an inquiry to sell a 200' x 200' portion of the Southeast corner of the property for a service station site if the zoning was granted. Mr. Wenger stated that no one had appeared in opposition, that the Staff reported that six notices were mailed, one received in favor and none in opposition, and that following this hearing, the Planning Commission's recom- mendation was that the request be denied, but in lieu thereof, a Special Permit be granted to operate a trailer sales and assembling operation and minor repair jobs according to a site plan to be approved by the Commission. He stated that since that time, the Staff had attempted to obtain a site plan but had been unable to do so. He stated that on November 11, 1969, the matter was again presented to the Commission by the Staff with the report that the applicant is now in operation and in violation, and it was then recommended by the Commission that the request be denied, on the basis that a site plan had not been filed. • Minutes Special Council Meeting December 1, 1969 Page 2 Mr. Bryan Wingo, attorney representing the applicant, appeared and stated that he did not understand the meaning of a plot plan; stated that the property is not a subdivision to be divided into lots and blocks but will be used as a solid piece of property with no buildings attached to the land, including the sales office. He stated it would be impossible to state where the trailers would be located as they would be moved from place to place; stated that on January 27, 1969, he had com- municated with Assistant City Attorney Tom McDowell by letter, and presented to him a plat the same as is being shown to the Council. He stated that following his communication with Mr. McDowell, he still did not know the meaning of a plot plan, and stated that the request to file a site plan is inconsistent with the use of the land. City Manager Townsend confirmed the Staff's unsuccessful attempts to obtain a site plan from the applicant, and read from the ordinance the definition of what constitutes a site plan, pointing out that it is clearly spelled out, and that is appears that the applicant is unwilling to submit a site plan, and explained that the question before the Council now is not for approval of a site plan but rather to act on the applicant's original request for change of zoning for which the Commission has recommended denial. Dr. W. T. Pulliam, applicant, spoke in his own behalf, stating that it is necessary to move the trailers from place to place and is impossible to know where they will be placed; stated there is ample parking space within the area which is approximately 200 feet between the trailers. He stated he is willing to cooperate with the Staff within reason but does not know how to show a site plan. Mr. Frank Peerman spoke in favor of the request, stating that he owns the 40 -acre tract of land immediately adjacent to the subject property near the State Highway Department facility; stated that they had recently made application to rezone this land "1-2"; that they have made an extensive survey of the entire area and that a problem does exist as to the off and on service to the Freeway; that they have endorsed Dr. Pulliam's request and that it had been determined that the highest and best use of the entire area is for light industrial use. No one appeared in opposition to the foregoing request. Motion by Sizemore, seconded by Bradley and passed, that the hearing be closed. • • Minutes Special Council Meeting December 1, 1969 Page 3 Motion by Sizemore, seconded by Lozano that Application #169-6, Dr. W. T. Pulliam, be denied, but in lieu thereof a Special Permit be granted for operation of a Trailer Home Sales and Service operation subject to a site plan to be approved by the Staff. Motion by McDaniel that the foregoing application be tabled for further consideration. The motion died for lack of a second. Mayor Blackmon stated that since Commissioner McDaniel's motion to table did not receive a second, Commissioner Sizemore's motion to grant a Special Permit wasnow before the Council. City Manager Townsend raised a question as to proper procedure on the motion to grant a Special Permit after which Commissioner de Ases seconded Commissioner McDaniel's motion to table the application for further consideration. The motion carried with Commissioner Sizemore voting ay. At the request of the applicant's attorney, Mr. John Pichinson, Application #969-4, Mrs. Lilly Cavazos, was deferred to be heard at the end of the meeting. Mayor Blackmon announced the public hearing on Application #969-5, Charles S. Prieb and Dr. Horacio Villarreal, for change of zoning from "A-2" Apartment House District to "AB" Professional Office District, on Lots 1 and 2, Block 6, Bayview Addition, located on the Southwest corner of Craig Street and Ocean Drive. Larry Wenger located the property on the zoning and land use map, and described the zoning and land uses in the surrounding area; stated at the Commission hearing held September 16, 1969, Mr. Paul Koepke, realtor representing the applicants, appeared and introduced co -applicants and architects. He stated that Mr. Koepke presented a model of the proposed development of a clinic building to front on Ocean Drive with parking area for ten cars plus one loading zone at the rear of the building, with egress and ingress to be off Craig Street, and explained that a second story is proposed at some future date, in which case Lot 20 adjacent to the subject property will be acquired for additional parking. Mr. Wenger stated that one person spoke in opposition on the basis that there would not be room for adequate parking for this type development; stated that prior to the Com- mission hearing, the Staff mailed twenty notices, two received in favor and five in opposition; that following the hearing, a motion to deny the request and grant a Special Permit according to an approved plot plan, ended in a tie vote and was automatically tabled for two weeks; that on • • Minutes Special Council Meeting December 1, 1969 Page 4 September 30, 1969, the vote on the same motion also ended in a tie vote and was again tabled; that on October 14, 1969, the motion passed that the request be forwarded to the City Council with the recommendation that it be denied, but in lieu thereof, a Special Permit be granted in accordance with the plot plan presented conditioned upon the provision of ten additional parking spaces off premises, and that it be limited to a one-story building as presented. Mr. Wenger stated the Staff's recommendation was for denial, on the basis that it would be an encroachment into an established residential area; would tend to increase traffic congestion; would encourage "strip -type" zoning on Ocean Drive; that existing zoning is adequate; and that existing apartment zoning permits logical land use of the Bayfront as indicated by the Comprehensive Plan for Corpus Christi. Mr. Tim Clower, realtor, spoke on behalf of the applicant, and explained the reasons for his client having selected this particular location being the proximinity of similar related uses which are very important to doctors located in this area, namely, the Spohn Hospital, Medical Centers Building, Medical Plaza, and named the property which had been purchased for a proposed medical facility. He stated that other sites which had been considered were either not available, too small, or the price was too high. He pointed out that "B-2" zoning exists directly across the street from the subject property with no limit on the height of the buildings, particularly mentioning the Holiday Inn and such usesas a bowling alley. Mr. Tom Valentine, architect, described from a model of the proposed development, the type of structure proposed, and presented a plot plan showing the location of the building. He stated that since patients are seen only by appointment, this operation would not create additional traffic problems; stated that attractive landscaping would be provided along Ocean Drive, and that traffic would be routed from the alley off Craig Street only; that parking area would be screened; and stated that most of the buildings now in the area are two-story structures. He stated it is felt that this would be an asset to Ocean Drive and stimulate new growth, and is the best use for the property. Mayor Blackmon painted out that some of these buildings are old and will soon be moved out; that once a pattern is set for business zoning it is difficult to stop, that he feels the pattern is set For apartments now, and pointed out the extreme difficulty this application had encountered through the Planning Commission in securing the recommendation for a Special Council Permit. • • Minutes Special Council Meeting December 1, 1969 Page 5 Mr. Cuban F. Burbank, 1127 Ocean Drive, spoke in opposition stating that he did not appear at the Commission hearing because he had been out of town. He stated he was opposed to the proposed zoning change not only for the use stated, but for all other uses which would be allowed in the "AB" classification; and stated that he had contacted others in the neighborhood and found that most of the residents were in agreement that the proposed development would be objectional from the standpoint of traffic congestion and aesthetic deterioration of Ocean Drive. Dr. Armstrong Price, 1213 Ocean Drive, spoke in opposition to the foregoing request stating that he feels the aesthetic values of this area should be preserved by establishing a definite line by which to halt encroachment of business uses into the area. City Manager Townsend stated a letter had been received from Mr. T. Richard Clower, Vaughn Plaza, stating he was a prospective resident of the neighborhood and is opposed to a general change in zoning to the 1100, 1200, or 1300 blocks of Ocean Drive to any use other than apart- ments, and particularly opposed to granting of "spot zoning" or a special permit for a specific use which might be granted permitting a use other than apartments. Mr.Clower assured the Council that the applicant would be warranted for the proposed use of the property; pointed out the existence of "AB" zoning in the area but stated that it is not available, and stated he could not see the distinction made between nursing homes and over- night clinics, and the proposed building for doctors offices. Motion by Sizemore, seconded by de Ases, and passed, that the hearing be closed. Motion by Bradley, seconded by McDaniel and passed, with L ano and Sizemore voting 4 "Nay", that Application #969-5, Charles S. Prieb and Dr. Horacio Villarreal, for change of zoning from "A-2" Apartment House District to "AB" Professional Office District, on Lots 1 and 2, Block 6, Bayview Addition, located on the Southwest corner of Craig Street and Ocean Drive, be denied. Mayor Blackmon announced the public hearing on Application #1069-4, Lone Star Beer, Inc., and W. L. Bates, Trustee, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "1-2" Light Industrial District, on a 13.987 -acre portion of land out of Lots 6, 7, 10, and 11, Section 5, Range 8, Gugenheim and Cohn's Farm Lots; also Lots 2, 3, and 4, Brown -Lex Subdivision, being West of the Intersection of Old Brownsville Road and Padre Island Drive. • • Minutes Special Council Meeting December 1, 1969 Page 6 Larry Wenger presented the application; pointed out the location, on the zoning and land use map, and described the existing zoning classifications. He stated that at the Commission hearing held October 14, 1969, M. Firman Jackson, co -applicant, appeared and explained that the pro- perty will be developed as an industrial subdivision with a distribution warehouse, as one of the uses for the property which would be the highest and best use because of its frontage on Padre Island Drive. Mr. Wenger stated that prior to the hearing the Staff mailed four notices, none received in favor and none in opposition; that the applicants had complied with the suggestion that deed restrictions be presented for review; that no one had appeared in opposition, and that it was the recommendation of the Planning Commission that the application be approved as requested, and that the Staff conc -red in +his recommendation on the condition that the applicants file deed restrictions as suggested. No one appeared in opposition to the foregoing application. Motion by Bradley, seconded by de Ases and passed, that the hearing be closed. Motion by Sizemore, seconded by Lozano and passed, that the recommendation of the Planning Commission be zcr_:urred in and that Appilcatio.r #1069-4, Lone Star Beer, Inc., and W. L. Bates, Trustee, for change of zoning from "R -1B" One -family Dwelling District and "B-4" General Business District to "i-2" Light Industrial District, on a 13.987 -acre portion of land out of Lots 6, 7, 10, and 11, Section 5, Range 8, Gugenheim and Cohn's Farm Lots; also Lots 2, 3, and 4, Brown -Lex Subdivision, being West of the Intersection of Old Brownsville Road and Padre Island Drive, be approved as requested. Mayor Blackmon announced the public hearing on Application #1069-6, Planning Com- mission of the City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District and a Special Permit for a dance studio to "AB" Professional Office District, on all of Lots 1, 2, 3, and 4, the South one-half of Lot 5, and all of Lots 10, 11 and 12, Sunnyside Strip Addition, located on the South side of the 700 and 800 Blocks of Everhart Road across the street from the Jewish Community Council and the Mt. Olive Lutheran Church. Larry Wenger presented the application; pointed out the location on the zoning and land use map; and described the existing zoning classifications in the srsrrounding area. He explained that these lots had been included in a previous request for "AB" zoning by Mrs. Ralph E. Broyles which • • Minutes Special Council Meeting December 1, 1969 Page 7 was heard at the November 17, 1969, Council meeting, and that the Planning Commission was instructed to initiate this application in order to make uniform the zoning pattern, stating that the original zoning pattern was adopted for Sunnyside Strip Addition, and that this entire area has been in a state of transition. He stated that the request brought about considerable discussion at the Commission level as to the effect approval of this request would have on the Special Permit of Parkdale Kindergarten, presently in operation on the West 1/2 of Lot 11 and all of Lot 12, and that it was explained that the property would automatically become "AB" zoning, and that the Kindergarten would not become a nonconforming use but would have an "AB" zoning classifi- cation under which a day nursery is permitted. Mr. Wenger stated one person appeared at the hearing in favor of the request; that prior to the Commission hearing the Staff mailed 43 notices, five received in favor and two in opposition; that it was the recommendation of the Planning Commission that the application be approved as requested. Mr. Vaughn Bowen, member of the Planning Commission, stated the Zoning and Planning Commission was rightly re -named Planning Commission which places them in the proper position to initiate a request such as the foregoing. He stated there is a need in the area for this type zoning; that the opposition was based on the assumption that the ad valorem taxes would be automatically increased, and fear of location of a drive-in restaurant, and that these objections were no longer existent after it was explained that taxes are based on appraised values and not on zoning. No one appeared in opposition to the foregoing request. Motion by Sizemore, seconded by McDaniel and passed, that the hearing be closed. Motion by Sizemore, seconded by Bradley that the recommendation of the Planning Commission be concurred in and that Application #1069-6, Planning Commission of the City of Corpus Christi, for change of zoning on property located on the South side of the 700 and 800 Blocks of Everhart Road, be approved as requested. A discussion followed as to whether or not the 20 percent rule would be in effect since the owner of the property had filed written opposition to the change of zoning. • • Minutes Special Council Meeting December 1, 1969 Page 8 Motion by de Ases, seconded by Lozano and passed, that the foregoing Application #1069-6, Planning Commission of the City of Corpus Christi, be tabled for further consideration. Mayor Blackmon announced the public hearing on Application #969-4,.. Mrs. Lilly Cavazos, for change of zoning from "R -1B" One -family Dwelling District and a Special Permit for a beauty shop to "B-1" Neighborhood Business District, on Lot 37, Block 15, Cuiper Addition, located at 2409 Home Road. Larry Wenger located the property on the zoning and land use map and described the zoning and land uses in the surrounding area; explained that a single-family residence is located on the front portion of the property and a two -chair beauty shop operating undera Special Permit approved by the Council April 4, 1967; stated that the beauty shop is housed by what was one time the garage. Mr. Wenger stated that at the Commission hearing held on the 2nd day of September 1969, Mr. John J. Pichinson, attorney representing the applicant, stated that the beauty shop in question is located on a heavily traveled alley which serves Portairs Shopping Center and which is filled with debris and litter, and presented pictures to show that the existing building is attractive and an improvement to the area. Mr. Wenger explained that the oleander hedge which was to remain under the Special Permit has since been removed on the basis that it was an obstruction to the view and a traffic hazard. He stated that the applicant spoke in her own behalf at the hearing stating she had contacted her neighbors and they were not in opposition to the operation; that the building was not large enough to accommodateallher equipment, and that an addition was made so that it could be stored, and as her business grew, this equipment had to be used and that she stated she did not feel she had violated any laws, because she already had the equipment when she moved to the location. Mr. Wenger explained that a number of persons appeared at the hearing stating the building was not objectionable, well maintained, and had increased the property values; that prior to the Commission hearing 22 notices were mailed, two received in favor and three in opposition; including 28 signatures on a petition in favor; that it was the recommendation of the Commission at this time that the application be denied but in lieu thereof a Special Permit be granted according to a plot plan to be approved by the Commission, and that the Staff's recommendation was for denial on the basis they feel the beauty shop should operate under • . Minutes Special Council Meeting December 1, 1969 Page 9 the Special Permit; the requested change of zoning would allow the applicant more intensive use of the property and adversely affect the residential character of the neighborhood; and would encourage further zoning requests along Horne Road which would create undesirable "strip -type" zoning. Mr. Wenger explained that following the Commission hearing of September 2, 1969, the Staff contacted the applicant on numerous occasions in an effort to obtain a plot plan but was unable to do so, and that the matter was again presented to the Commission as a pending item on November 11, 1969, with the report that the applicant was in operation and in violation of the Special Permit, after which the Commission unanimously passed a motion that the application be forwarded to the City Council with the recommendation that it be denied. Mr. Wenger further pointed out that five complaints were filed in Municipal Court and scheduled for hearing September 15, 1969, based on the following alleged violations: (1) There is an entrance onto this property from Horne Road which was prohibited under the Special Permit; (2) an oleander hedge which was to be maintained along Horne Road has been removed; (3) the present advertising sign is in violation of the Special Permit requirement; (4) there are more than two chairs which was the restriction under the Special Permit; and (5) an addition in excess of 6' x 10' has been made to the building. He stated that between the dates of July 28 and September 15, the applicant made a request for a zoning change; that the case was heard in Municipal Court but that a ruling was postponed pending action of the Council relative to the zoning of the property and that continuance was granted at the request of Attorney John Pichinson. Chief Building Inspector L. K. Stout stated that a building permit was issued for the entire construction; stated that the Legal Department was consulted at that time and that the legal interpretation was that the intent of the ordinance so far as the construction was concerned was in order, and that was the basis on which the building permit was issued. City Manager Townsend read the conditions contained in the Special Permit granted by Ordinance No. 8410, and stated there appears to be no argument that these conditions were violated, and that the Judge of Municipal Court, in postponing a ruling, is saying, in effect, that if the Council grants the zoning change request, then the beauty shop operation would not be in violation and the case would become moot, and it would be unfair to have a conviction. • • Minutes Special Council Meeting December 1, 1969 Page 10 Mr. John J. Pichinson, attorney representing the applicant, spoke and stated he felt this to be a most serious matter, but described it as a "tempest in the teapot"; stated that he would take the blame for the fact that a plot plan was not filed; that he had advised the applicant not to file the plot plan because he preferred the change of zoning instead of a special permit, however, he did state the special permit would be acceptable, but if a plot plan is required then they will file the plot plan. Mr. Pichinson agreed that the City ordinances must be complied with, but stated that his client is a widow with seven children and making an honest effort to support them and should have her legal rights protected. He stated that from the standpoint of neighborhood improvement, his client's operation has been credit to the neighborhood; that the oleander hedge was a health hazard which was definitely recognized by the Commission, and that they agreed that everything they are trying to do is something they should have been permitted to do from the beginning. He stated the original application for a change of zoning from "R -1B" One -family Dwelling District to "8-1" Neighborhood Business District would best serve this area; that he had contacted property owners up to one-half block of Horne Road and had not had one single objection; that the neighbors feel that this case is one of the most commendable things they had ever seen; that whether or not there are two chairs or nine is debatable since along with each styling chair there are other types of chairs. He stated that the parking lot has not changed and serves the same number of customers; pointed out that the property backs up to one of Corpus Christi's largest shopping centers, and that this entire area will eventually become a business district and too valuable to be limited to one -family residential uses; pointed out that Horne Road is scheduled to be widened to three times its present width; that he feels a "mountain is being made out of a mole hill" in attempting to prevent this widow and mother of seven children from operating a small beauty parlor, and that the assertion that it is disgracing the neighborhood is "absurd." He further stated that the Judge in Municipal Court did not make a ruling because they had raised some constitutional questions which worried the Judge. He stated he feels this property should not be given a special permit but should be rezoned pursuant to the original application; that it is his opinion that after a special permit exists for a certain period of time it takes on the character of the operation for which it was granted. • • Minutes Special Council Meeting December 1, 1969 Page 11 Mrs. Lilly Cavazos spoke in her own behalf, and stated that she had asked for a change of zoning for operation of a four -chair beauty shop, but was only granted a permit to operate two chairs, and that atthat time she was not in a position to refuse it. She admitted that she had enlarged the shop because she needed more space to store the equipment which she had on hand, but stated that the allegation that she was operating nine chairs was incorrect. She stated that all her neighbors who had opposed the original application are now patronizing the beauty shop. She stated she hod been advised to remove the oleander hedge. Mayor Blackmon questioned Mrs. Cavazos and reminded her that her Special Permit for a two -chair beauty shop was granted over heavy opposition, and asked if she were aware that she was going beyond the limits of the permit when she increased the number of chairs, and Mrs. Cavazos stated she did not feel she was breaking any law since those who had opposed the original application were patronizing the shop, and stated that she needs everything she can earn to support her family; admitted that she has two employees other than herself, and that when she purchased this property she did not anticipate she would encounter this much difficulty, since the location was so near the Portairs Shopping Center. When questioned by Commissioner de Ases, Mr. Pichinson stated he did not receive a notice of the November 11 Commission Meeting, and was not sure that Mrs. Cavazos had received notice. City Manager Townsend stated that Mrs. Cavazos was advised of the November 11 meeting, but stated that it was a second hearing and no basis for a notice. Mr. Pichinson stated that they did not file the plot plan because they were afraid they would waive their right to press for the rezoning and reiterated his former statement that it was on his advice that the plot plan was not filed. He stated that they do now have a plot plan. City Manager Townsend read letters from the files of the Planning Commission in opposition from Gervacio Canales, 4114 Carlton, and W. R. Hinkly, 4039 Vanderbilt. Mrs. LaMira Steele, 4106 Carlton, appeared in favor of the request and stated she is the former owner of the subject property and that she sold it because of the traffic and noise from the shopping center and traffic on Horne Road; that she planted the oleander hedge in an • • Minutes Special Council Mseting December 1, 1969 Page 12 attempt to stifle the noise but discovered that it only added to her plumbing problems and to the traffic hazards, and that she feels Mrs. Cavazos was wise to remove the hedge. Others present and speaking in favor of the requested zoning change were Mrs. Minnie Thortor, 4110 Carlton; Mrs. L. P. Lowrey, 1002 Bradshaw; and Mrs. Herbert Rogers,4114 Carlton, all concurring in the statements of Mrs. Steele. °r conclusion, Mr. Pichinson stated he respectfully requests that the application for change of zoning be granted as applied for, but in the alternative, a special permit would be acceptable, and stated he would assure the Council that a plot plan would be submi-tted and fully complied with in every detail. He presented the proposed plot plan, including the one which contains the sign, for the Council's consideration. Motion by Bradley, seconded by McDaniel and passed, that the hearing be closed. Following a lengthy deliberation of the Council, motion by Bradley, seconded by McDaniel that Application #969-4, Mrs. Lilly Cavazos, for change of zoning from "R -1B" One -family Dwelling District and a Special Permit for a beauty shop to "B-1" Neighborhood Business District, on Lot 37, Block 15, Cuiper Addition, located at 2409 Horne Road, be denied. Commissioner de Ases stated he felt compelled to make some comments since he had represented the applicant when she made her original application for change of zoning which was before he became a member of this Council and made the following three-point statement: (1) that it is agreed that the applicant has violated her special permit which was originally granted, and should weigh heavily on whether or not this Council should grant this request, but that it is not a matter properly before this Council at this time, not their responsibility, and action should not be taken on the case pending in Municipal Court; (2) that the original decision was a twenty percent rule case which was bitterly contested - neighbors were speaking against neighbors, and the majority of the residents on Carlton opposed it - that most of the opposition has now disappeared in the course of a year or so, and they have decided that this operation is not a blight on their neighborhood, but rather something that is acceptable to them; they have signed petitions and written individual letters favoring the request; the opposition which appeared at the original hearing is not present now. He stated he feels this should be taken into consideration; (3) commended Mr. Pichinson for his presentation of • Minutes Special Council Meeting December 1, 1969 Page 13 the case, stating that he recognized the problems which he faceckat the outset, and that his comments are not to be construed as criticism of his handling of this case; that there are many other factors which are involved that cannot be brought out in this hearing, and asked that the Council take into consideration the circumstances of the applicant. Commissioner de Ases, because of his previous involvement in this case, asked for a directive from City Attorney Sieger as to whether or not he would be disqualified. Mr. Singer stated that since Commissioner de Ases speaks as an advocate of the applicant, and had represented her in her original application, that to that extent, he should be disqualified. Commissioner de Ases commented that some of the other Councilmen have stated they are not in opposition, Mr. Singer explained that they have expressed their opinions both for and against, but have not been personally involved, and it is his opinion that the proper course for Com- missioner de Ases to take would be to take no part in the decision. Mayor Blackmon stated there has been an established precedent that when a member of the Council is, or has been, involved personally in a case, that he voluntarily disqualified himself, and that he himself has done this in the past even if remotely connected with the case. He stated he wanted to make it clear that his vote on this case will be on the issue at hand. Commissioner McDaniel pointed out that even if it were established that all the neighbors are in favor of the request, this does not make the zoning change right. - Commissioner Bradley stated it should be noted that every member on the Council voted for the Special Permit with reservations and against his better judgment, and pointed out that the applicant can still operate her beauty shop in accordance with her permit if the Court says she can do so. Commissioner Sizemore commented that he will vote against the request for the reason that the zoning request is not good, and because it will establish a pattern to be followed by other similar applications, on which this Council will be asked to make the same decision; that he feels this Council will be labeled as "against a widow with seven children" but sincerely feels the requested zoning in this particular spot is all wrong. • Minutes Special Council Meeting December 1, 1969 Page 14 On vote of the Council, Commissioners McDaniel, Bradley and Sizemore, voted "Aye"; Lozano voted "Nay"; and de Ases disqualified himself. Mayor Blackmon declared the motion had passed and that Application 0969-4, Mrs. Lilly Cavazos, for change of zoning from "R -1B" One -family Dwelling District and a Special Permit for a beauty shop to "B-1" Neighborhood Business District, be denied. Mr. Pichinson inquired as to the status of the request, and City Manager Townsend explained that the foregoing action constituted concurrence with the recommendation of the Planning Commission, and that the request for change in zoning is denied. He further explained that the plot plan had not been submitted as requested by the Planning Commission as a condition of the Special Permit, and that the applicant must now re -apply forzoning change but not for a Special Permit. There being no further business to come before the Council, the meeting was adjourned.