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1950-04-15VILLAGE OF MOUND 1181 The adjourned regular meeting of .the council was called to order by the i, ayo at 13:50 P.i,!. on A? il 15, 1950. Those present were: ~!ayor Davis; Trus~ees ~ite, Minkel, Pierce, Bly; Village ;.~anager, ~r. Storey. A letter from !ir. l~'olner, ,village attorney, dated April ll, 1950, was read. A letter from Bonham ~°: Kavanaugh, Attorneys, i[ound, ~e~arding "'[~. Jacobsen's position, was read. After fu~the~ discussion and study of ordinances, mc~.'ti:n was made by i'.k. Pierce, and seconded by ~'r. V'hite, that the following ~esolution b~ adopted: ,,w~R~~ the Council of the v~ llage ~ und has had under con~idera.tion on the 4th d?j of April, 1950, and on th~ 2th day of Aicril, 1950, and on Zhe 10th d~y of April, 1950 and cn the 15th day of April, 1950, an application made by _~.sh~,..,n ~de~ date of April ~, 1950 for an Improv~?~nt P~rmit %0 c.~n~ruot the Centrg. 1 ~nd ~rtlett .~ve." in th~_. Villag~ of 'ound, HenneI~in County, ~iinn~sota a tw~iv~ ~o~t b, ~ ~ ~y foot ?a~e ~!~c, ry u~eat~d asbestos siding s~:.ructure to ~ used as an "Ice cr~am and lunch e~ore" at an e~timated cost of ~'~1!800.00~ ~- t ....7th which 51:i7lication was filed with the ~i!ia?e Clesk on ..~. ~ ~ ~,V5 w? id; and day cf ~-,ri!, 1950 at which time a ~ee ~ ~ WHEREAS ~hc Council of the Village cf ~bund at tt'~e times above stated has held. public hearin[je on said api'.lication and heard all per~ons interested therein, among which were the Applicant, Mows. rd Jacobsen, who ~mD'lifi~d his said a,.,..l~cati~:n ~.~ .nd~at~na t the structure proposed to ~ built would be used to operate a ',Drive-In" for the sale of ice-crea~:, hamburgers and similar items on all days of the we~k, inctudinff ho!idave, and at late hours of the nigbt~ and that the customers would b~ serviced in their vehicles through the use of gi~ie, wl.o would oT~erate ~twea. n the szand ahd the w:hiclee; and, W~.<ERE.~2 eighteen ~esidents within three hundred feet of the proposed sZructure hav~ petitioned th-e Villaffe Council Zo deny the ai~i~lication of Howard Jacobsen on ~he ground that "such operation will be noisy a~d a real detri~:~ent to the adjoining residences"; and, ~-~EREA? tbs Village A~?orney under dote of .~T~ril !i, 1950 advised tho Council of the Village cf )'cund that the lend upon which the prol~osed sZructure is to be build is Zoned "commercial" by Ordinance l~c. 48 of said village; that Section 4 of s~d o~dinanoe makes no specific r~f~rence to a structure such as contemplated Jaoobse~, but +?st "candy and ice cream sheiks" an~ "reetaurant~" are m~nticned~ and that $ubseotion said ordinance furth~ provides as follows: "Any us~ of the same general character as the uses herinbefore specifically l:,ermit~ ed, provided such b~siness or ~s~ is r~o't o~fnoxious by r~ason VILLAGE OF MOUND nazazd"; cial and ccv.~.r~d b ~id 2ubsecti:n ~ ~ . · - i .... ,_.~t .. ich '~r'EV<A~ z'~c~nt ~'truo'ture i~ residential of 't' ' . shat,, wi:ils +'- · . ,:~ m~st d;sirab!e nature~ and character in ~n~ area ,..ney az'~ of l:}npj s~tndin.-I anl none .......... oz~ ,,?un~il is L ~f'~rr:e4 an? b'eli~ve~ +~t ......... er- be nci?y thrcu.;~h~ ~ ' -- . it will , :.e..~ 'bund aft~i- ~. Pul]. a full znd a,'i: iicati -.n affixed VILLAGE OF MOUND · . ,"~-z~,~p~rty ~'~_ ~h~ ;~l-,a~u of 'iovdQdo" 'The vote on the motion for adoption of th~ above ~e~oluti0u ~w~m ~e .follows-. ~__ - v~ito, Pierce, Bly, Davis. NOeS - Winkel. The motion was carried, and the resolution adopted. in the matter of changes necessary in z:nin~, it was agreed 'that ',th~ villaEe is in need ~f s. complete ccnsi- de~ation of such changes affecting the enti~'e village; c.onside~atian of the g~m~th of the vill~.,~e ar~ possible direction ~uoh g~owth may take; the efffect of the location of 'th~ ~m~ ~l~m~ntary school on zoning r~ula~l..ne~ othor ~uSsti~.s. The Co~cil d~cided to.fom'm a ~oning and Planninu Board made up of citizens of the village, to study ~ho problem and mako recommendstion~ to the The tabling Qf bu.!Iding arp!ications for a time to allow full and proper consideration was discussed, also th~ i:oss~bility of ohangin~ ordinanc.e sc that resid~-~ntial permits mis/hr bo ai:prov6d by building inspector, with th~ stipulation ~hat c~.n~roversial items ~ referred to the co~cil.' In the matter of deviatic, n from code, such as a building being less than the prescribed distance from 'the lot line, it was agreed theft written consent should be rained from th~ i~roperty owner inv¢lved, such consent to be attached 'to 'the l?ermit for file s. '~:. oZore,y ste]ted that h~ would like to offer the pqsition cf Village A~sessor to [~. Ha:zq.~ [krtin, end after discussion the motic, n v~s.s made b~ ~ ........ ?e vo~ of confidenc~ of the co~ci! in bis eelecti~:n of an ~%tion carried. It was a reed by all members of the coup. oil t~.t each man whole-heartedly a~..~,oved ir. ~.':.art~n, if he w .... I~ acceI'.t the l:ositicln T Village A~sesscr. " . ~, ~ ~ b,~" '" ' -' ' ec cnd~-:d ]:,y W'~ i-t that th~ m.~tin~j b~ adjourned, to ~ ~e-opened at t~e call of the l~kyor. Carried. Adj?urned, ~ P.;;. C!erh.