City Council

I e1/"4, i (t-o-Q"a-'* . /y'/o/6/ t Cl,>;o o_r.t-l_b,al-(- u.,*- TEE CI T OT OI(IAHOTdA CITY OTFICE OF Item No. IX A THE UUIICIPAL COIfiSEINR Septembet 2, 3969 TO: Mayor and CounclL DATE: August 21, L969 FROM: Roy M H. Semtner RE: Varlanee for Moblle Home l{unlclpaI Couneelsr 3012 Northeast 18th st. On the 17th day of June, 1959, IrIr. WllLle Galns made appllcatlon to the Board of AdJustnent for a varlanee from the zontng brdlnance to PJ.ace a noblle home at 3OL2 Itortheast 18th Street. Ttrls property ls zoned oBtt Two Fanlly Dwe1J.lng Dlstrlct, and under the |rovtsl6ns of our ordlnance, could not be used for a moblIe home. The Board of AdJustncnt ls empowered by 11 0.s., seetlon 4oZ ana by 13.19.05 of Rev.'Ord. of Oklahona Clty to grant varlancee. At thl time-of- flIlng thls appJ,lcatlon, the appllcant, MI. Galns, submLtted a List of names as requlred by 11 o.s.; sectlon 4o[t whleh purported to be the owners of property wlthln JOO feet of the exterl-or boundary of !h" subJect property. Itlotlce was mailed by Mrs. Rldelr, crerk-of Board of AdJustnent, to those names shown on the llst submltted by the appllcant, a eopy of which ts attaehed. At the hearlng held on July 2, 1962, the Board granted the requested varlance, and on Au- 8trst 11, 1969t the appllcant secured a permit for thls noblle home from the Bulldlng Department. It has now been brought to your attentlon that several persons who olrn property wlthln 30O feet of the proposed mobl].e home dld not receLve notlce as requlred by raw, and therefore dtd not appear at the Board of AdJustment hearlng, You have lnqulred as to what can be done at thls polnt. The Board of AdJustment was faced wtth a slmllar sltuatlon several months ago ln the Barton case. In that ease, lt was alleged by several adJacent property owners that they had not recelved notlce and were entltled to same. These nelghbors made appJ.leatton to the Director of the BulJ-dlng Inspectlon Department to revoke the build- ing pemit. Thls appllcatlon was denied by the Dlrector of the Bulldlng Inspectlon Department for the reason that the Order of the Board stated that notlce had been malled and appeared regular as to forn and procedure. These nelghbors then appeaLed the Dlrectorts denlal to revoke the bulldlng permlt to the Board of AdJustment. At the Board hearlng, Bworn statenents were made by these nelghbors, that they owned property wlthln 3OO feet of the exterlor Ilmlts of the subJect property and that no notlce had been received. Because Plgper notlce !s. a Jurlsdletional requlrement (Rgtoske v. Boettger, 249 App. Dlv.624,29O N.Y. S. 957) and the Borird was sattsfled that thls Jurlsdlctlonal. requlrement had not been met, lt set aslde lts earller order granttng the varlance and, henee, the bulldtng permlt was revoked. Unfortunately, the nelghbors who appealed-of Trere requlred- to pay thc $50 flJ.lng fee t6 appeal to tho Board- RaSustment. r a f: i, CounclL Agenda Item I[o. IX A Pagc 2 Because of the slnlLarltlee between the Cralns I Board of AdJustnent ease and the Barton casc, lt nay be that the aggrleved nelgfrbors would want to folIow thls means of.appeal aLthough unfortunately they would be requlred to pay the $5O flllng fee. Another avenue of attaek avallable to the nelghbors wouLd be a dlrect attack ln Dlstr1ct Court aIleglng the order of the Board to be void because of a Jurlsdlctlonal. defeet. It would further ap- pear that thc Board ltseIf could, upon proper appLlcatlon by the nelghbors or others, or the Clty ltse1f, by Counell atrectlon, revlew lts own Jurlsdlctlon to aet. TtrLe would not bc a rehearlng of the lssues but merely an lnqulry lnto Jurlsdletion. ll the BoCrd determlned lt Laeked Jurlsdlctlon lt shoul-d be able to set lts own deelslon aslde. Sueh appeal or dlreet DLstrlct Court actlon probabLy could be pros- ecuted by the Clty ltse1f upon dlrectlon of the Clty CouncLL slnee "any person aggrleved" Eay prosecute such an appeal. Respectfirlly subnltted, q ut . ?e** rL4c Roy H. Sentner h< &{o0.9 -[*, ,G ..- UunLclpal Counse 'o{ ) RHS:RT:bg t t NA.YE ADDRESS t l,lrs [nri" lr*k,i, 33/b il t tl Cl/a,/;//- ffiq 2 lvl,, il o *;/tr - za -/f v,l i l,> o,) t a,, i " G, tls Z//A ,7/-/ Eoy Z,?Z L ? . fik/a h orr, /,'y't /,/ ,/, . /. '""',{rr/ 7- 8 srnr/ krlrl/ ;il,'/,,i) i iiitir,,, oit 3,flle,v forJ''' 3aoq-ilL:/7 Cf hh)ri,t/) ,,, 1k/",