1970/03/11 Council Minutes - Laserfiche WebLink

�. �._. March 11, 1570 The Regular Meetnng of the Everett City Council was he.at 10:00 1970..President Team 'ding. Upon roll call itzwas£Ound hat c all com,ciimen acre present. Moved by CouncIlman Lang.,seconded by CounclIman Michelson that the minutes of the meeting held March 4,1970 be approved ao printed. thlaninmnsly carried HEARING Hearing held on the request of Erma Pesho toand/or condational use perm.,to operate a self-serthcs gas station in the City of EVer,it. gOn iven to the February 25th,Emma E.Pcsho submitted n letter to it re- questing a variance,or conditional usc oermit to operate a 1 service gas station within the City of Everett. Such a thspensing device ns prohibited by Chapter 7.24,Everett C.},Code and also by Section 16.64 of the 1955 Edition of the Fire Prevention Code deordinanceof Everett y the...than Insurance.Associatlor which h..been ado-Chapter 7ted .04& cods. Ton haven as to whether a variance or ap u may be granted by the council In accordance with the esho request. The Council ermit,is thapproprlate in respect to -hereby advised that a variance,or conditional use fefrom the above sections of the City Code e or amending these sections. Th following consIderat,ons are applicable(11 The general orincIple of the.municipal law outlined in Methillon,MthIcathl Corporations, variances,exceptions, specnal uses are mechannsms peculiar to zoning law. In conforonty w,th[h.general proposition,Everett City Charter Sec.5.5 allows exceptions zoningand variances.from the zoning code but no charter Provis,On allows iuch prbcedure in respect to other ordinances of the verett City Code,are not =pter 7.24 and Chapter Qo£Ethe excto these ordinances. (2) As McOui applytions and variances do not 25.1 { special uses are actions of an afjudicial nature ince they are granted t b standards established City Charter,Section 5.5 and the Everett Toning Code are in con- Board of Adjustment to eview grant variances under the zoning code. It uld=be noted, howeverr,that the Council is the legislative body of the City and does not perform administrative functions. See Everett City Charter, The Council acts in its enacting ordinance. See Mcpui e15 capacity byher if this was a zoning matter o amendmentt),appropriate Council action would be of the zoning ode rather than grant of variance or ctional use. Mr.Pesho n the near future,as option on the property 9was runnv g out. ud the ordinance. Atentative meet13. ingno Moved by Councilman Moore,seconded by ConnclIman Callaghan that the variance be denied. Carried PETIT/ON Elsie Sanders of 710 Crown Drive presented the council with a petition containing 116 signatures of e residents Ridgeatthatprotested the