Minutes 1941/12/15
1
646
Gilroy,Ca11fornia.
December 15,1941.
This regular adjourned meeting of the Oommon Council is called
to order by His Honor Mayor George O.Milias,Jr.
Present:Councilmen George A.Martin,George M.Mason,James Battersby,
Nat Heiner,J.H"Wentworth. Absent: Councilmen Jack Rogers.
ORDINANCE NO.440 is presented and read.
Motion by Councilman Heiner, seconded by Councilman Martin that
ORDINANCE NO.440 be adopted.
AN ORDINANCE OF' THE COMMON COUNCIL OF' THE CITY
OF' GILROY RELATING TO BLACKOUTS, AND PROVIDING
A PENALTY FOR THE VIOLATION OF THE PROVISIONS
HEREOF.
AYES:
Councilmen George A.Martin,George M.~~son,James Battersby,
Hat Heiner,J.H.Wentworth.
NOES:
Counc ilmen None
ABSENT: Councilmen Jack Rogers.
The Mayor now discusses certain actions on the part of other than
authorized police officers during the blackout of Friday, December
12th and emphasizes that this practice must be discontinued.
The Mayor now states that the meeting has been called for the
purpose of hearing the appeal from the decision of the ~ilroy City
Planning Sommission, dated October 29,1941, granting a use permit to
Byers Bros. to erect a building on the rear of a portion of Lot 3,
Block 4 North, Range 1 West.
An appeal from the decis ion of' the Gilroy Oi ty Planning OOIfl..lJ1ission,
~
addressed to the Mayor and Common Council, dated November 2'7,1941, and
signed by B. S. Fredr ickson,Mary G. Naughton and Angelo l',:ainero, is
presented and read.
A letter from the Gilroy City Planning Commission, addressed to
the :Mayor and Common Council, dated October 30,1941, stating that
-\:oCl,\(!.~~"o~')~ .
the Commission had granted a use permi~, under certain conditions,
6J7
to erect a building on the rear 50 feet of a portion os Lot 3,Block
4 North,Range 1 Best, is presented and read.
ILr.Sydney S.Johnson, attorney, now appears before the Council on
behalf of the protestants aga D"1st the grant ing of the use re rmi t to
Byers Bros.
I.IrHTohnson makes the following requests: (1) request the return of
I
.J
of the application for the use permit by Byers Bros. to the Gilroy
Oi ty Planning COlmnission for further investigation; (2) that the use
of the property be restricted to the easterly 50 feet and that the
fence be placed a distance of 100 feet back from the front line of
the property and that the ren~ining portion of the lot not be used
for a driveway; (3) that the petition of Byers Bros. be turned down
completely.
VIr.Ed.Naughton, representing one of the prostestants, now appears
before the Council to discuss the granting of the use permit and to
state that certain activities carried on on the adjoining property of
Byers Bros. were very disquieting to himself and his wife.
Lx.B.S.Fredrickson, one of the prostestants, now ~ppears ~efore the
Council to discuss the granting of the use permit to Byers Bros.stating
that he felt that the granting of the permit would gradually change
the block facing Eigleberry street into business property.
lvlr .Ju st in Byers, one of the pet i tioners for t he use IE rmi t, now
ap~ars hefore the Council stating that certain cha~5es had been
made in their original plans for use of the property that would not
change the character of the ptoper:t:ty.
Dr.Elmer J.Ohesbro, chairnan of the Gilroy City Planning Oonmlission,
at the invitation of the Mayor, mow appe.ars before the Oouncil to
dis cuss the action taken by the 'lanning Commission stating that the
Planning Co:m:m.ission investigated the application for the use permit,
felt that there would he nothing detrimental to the neighborhood in
granting the permit, that the Commission felt justified in granting
tre permit with the front part of the lot to a depth of 100 feet
to be used for residential purposes, offers to make a report of the
findings of' the Planning COlGmission in writing, that the matter of
granting of the use permit was discussed by Nlr.Ed.Nal~hton and him-
self, at length, and the find ings of the Cormnission 'Were pr esented
addi t ional by its chairman to the effect that there would be no
detriment to the neighborhood.
The Mayor and Council now retire to the City 1~rshalts office to
648
discuss the matter.
The Mayor reports the unanimous agreement of the Council to the
request that the Plarming Corru:nission present its findings in writing
to the Mayor and Common Council and requests that the Planning
Commission state in its findmngs that Byers Bros. remove the fence
that has been built past the 50 foot mark(fran the rear of the lot);
the front part of the lot not to be used for the storage of rubbish
and trash and that no driveway be' placed on the prODerty; that the
property remain purely residential;that the proposed buildinc be
used far- storage purposes only and that no gasoline or other inf-
l~nable liquids be stored in the proposed building.
Adjourned subject to the
call of the chair.
G, CA,<2~
Ci ty Clerk.
~.