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<br />repeal t~e resolution before condemnation actually commenced if the Council so <br />desired after discussion of outcome of the negotiations. Condemnation process <br />was further explained including the requirement for a certain period in which <br />negotiat~ons are to proceed prior to actual start of condemnation. He said a ~ <br />vote at this point was on the cOlrrmittee report which was to present a resolution ,., <br />for Council consideration at this meeting. <br /> <br />Beverly Henderson, 3055 Gilham Road, explained that the subject property was a <br />family o~ership and that the parks department had been advised the owners did <br />not want to sell. The parcel if taken constituted over 25% of useful farm <br />acreage ,~she said, and neither were the owners interested in accepting the parks <br />department offer of leasing it until developed for park use (estimated about five <br />years) because it was not economically feasible. She said the property was part <br />of an original donation 19nd claim and besides that heritage represented financial <br />security and investment for the future for its owners. She noted the adjacent <br />Clark property on which a number of different varieties of trees were located <br />which she felt would he mOre s~itable for park purposes and which would cost the <br />city less than the proposed acquisition. The Clark property also could be used in <br />conjunction with the adjacent school, she said. She felt too that ~ondemnation should <br />be the last resort and should not be pursued as long as there were alternatives avail- <br />able for other properties. <br /> <br />Mr. Bradley moved to deny tne request for resolution to be presented. <br />There was no second. <br /> <br />Side I <br />(1817) <br /> <br />F. Appointment, Building/Housing Code Board of Appeals for the term ending January 1, <br />1980 was named by Mayor Anderson - Robert L. Miller of Gale Roberts Construction <br />Company, 338 West 11th Avenue. <br /> <br />Mr. Murray moved seconded by Mr. Keller to approve the appointment. <br />Motion carried unanimously. <br /> <br />e <br /> <br />G. Hearing Panel Report - February 17, 1975 was presented and copies distributed to <br />Council members: <br />Present: Council members Williams and Beal; Assistant Manager and staff; and others. <br /> <br />1. Appeal on setback variance at 372 Palomino Drive (Sabel Gedekal) - Submitted by <br />Harold Appel, 375 Palomino Drive, and Joseph C. Boyington, 304 Palomino Drive. <br /> <br />'Gene Haxton, building department, reviewed the history of the construction of a <br />garage at 372 Palomino Drive by Mr. Gedekal 4'4" into the front yard setback area. <br />Building permit was issued based on plans submitted by Mr. Gedekal showing the <br />proposed garage 28' from-the property line. Building department inspection after <br />footings and foundation were laid did not reveal the violation. ,Not until neighbor- <br />ing residents brought the matter to the attention of building inspectors was the <br />violation discovered at which time framing and walls had been constructed. <br />Mr. Gedekal at that time was allowed to roof the structure and install doors <br />to prevent weather damage to work already done, but no further construction was <br />carried on pending appeal to the Zoning Code Board of Appeals. The Zoning Board, <br />upon appeal from Messrs. Appel and Boyington, reviewed the issue and granted a <br />variance, allowing the structure to remain within the 20' setback area. Mr.Gedekal <br />continued work on the structure under the impression that appeal of the Board's <br />deicision had not been made to the Council. Upon contact from the building de- , <br />partmen~ with regard to C~uncil hear~ng on the appeal (submitted by Messrs. APPe1tlt <br />and Boy~ngton), construct~on was aga~n halted. . - . <br /> <br />2/24/75 - 18 <br /> <br />Bb <br />