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447 RESOLUTION RE: CLOSING PORTION MONTICELLO AVE. PLANNING COMM. REPORTS RE: REZONING - ALLIED ST., 209-205 -4TH ST.~ SW~ BURGESS LANE - PUBLIC HEARING SEPT. 25, 1967 SEPT. 18TH MEETING POSTPONED. ORDINANCE DEFEATED RE: WAIVE CERTAIN BLDG. CODE RESTRICTIONS. UNANIMOUSLY ADOPTED. ON MOTION BY MR..HAGGERTY, SECONDED BY MR. VOGT~ THE FOLLOWING RESOLUTION WAS UNANIMOUSLY ADOPTED: WHEREAS, THE STATE HIGHWAY DEPARTMENT PLANS TO RELOCATE A PORTION OF MONTICELLO AVENUE AS SHOWN: ON SHEET NO. 11 STATE HIGHWAY PROJECT 0064-002-102 P. E. 106, AND WHEREAS, BECAUSE OF THIS RELOCATION IT WILL NO LONGER BE NECESSARY FOR A PORTION OF EXISTING MONTICELLO AVENUE TO BE USED AS A CITY STREET, AND WHEREAS, PERCY E. THOMAS WHO OWNS PROPERTY ABUTTING BOTH SIDES OF ~HAT PORTION OF MONTICELLO AVENUE TO BE CLOSED AND VACATED AS HEREINAFTER SET FORTH, IS WILLING TO DEDICATE A SMALL PARCEL OF LAND NOR'THWEST OF DRUID AVENUE BETWEEN THE NEW MONTICELLO AVENUE AND T, HE PRESENT MONTICELLO AVENUE, AND WHEREAS, THE City COUNCIL OF THE CITY OF CHARLOTTESVILLE IS WILLING TO CLOSE AND VACATE THAT PORTION OF MONTICELLO AVENUE AS HEREINAFTER DESCRIBED, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE THAT THE PORTION OF MONTICELLO AVENUE BETWEEN THE NEW AND PROPOSED DRUID AVENUE CONNECTION SOUTH TO THE EXTENSION OF THE RELOCATED QUARRY ROAD NEAR ITS INTERSECTION WITH THE WESTERN SIDE OF MONTICELLO ROAD AS SHOWN ON SHEET NO. 11 STATE HIGHWAY PROJECT 0064-002-102 P. E. 106 BE AND THE SAME IS HEREBY CLOSED AND VACATED; PROVIDED) HOWEVER, THAT THIS CLOSING SHALL NOT BECOME EFFECTIVE UNTIL.THE NEW MONTICELLO AVENUE (DESIGNATED AS "RELOCATED RTE. 20" ON SAID HIGHWAY PLANS) IS OPEN FOR PUBLIC USE. THE CITY FURTHER ABANDONS, CANCELS AND VACATES ANY RIGHT IT HAS TO CUT AND FILL SLOPES ON THAT PORTION OF MONTICELLO AVENUE HEREIN ABANDONED THE CITY RETAINS AND RESERVES UNTO ITSELF THE :RIGHT TO LAY, MAINTAIN, REPAIR AND OPERATE ITS UTILITY LINES WHICH ARE NOW OR MAY BE HEREAFTER INSTALLED IN THAT PORT,ON OF MONTICELLO AVENUE HEREIN CLOSED AND VACATED. TITLE TO THE STREET HEREIN CLOSED~ SUBJECT TO THE UTILITY EASEMENTS HEREIN RESERVED~ SHALL REVERT ONE-HALF TO EACH ABUTTING PROPERTY OWNER. BE IT FIRTHER RESOLVED THAT THE CLERK OF THE COUNCIL BE AND HE IS HEREBY DIRECTED TO RECORD THIS RESOLUTION IN THE CLERK'S OFFICE OF THE CORPORATION COURT OF THE CITY OF CHARLOTTESVILLE. ON MOTION BY MR. MOUNT, SECONDED BY MR. VOGT, THE CITY HANAGER WAS AUTHORIZED TO ENTER INTO AN AGREEMENT WITH PERCY E. THOMAS CARRYING OUT THE COUNCIL RESOLUTION. COMMUNICATIONS WERE PRESENTED FROM THE PLANNING COMMISSION RECOMMENDING THAT THE REQUEST FOR REZONING ON ALLIED STREET FROM R-1 RESIDENTIAL TO B-3 BUSINESS BE GRANTED; THE REQUEST TO REZONE 209 AND 205 - 4TH STREET, S. W. FROM R-2 RESIDENTIAL TO INDUSTRIAL BE GRANTED; AND THE REQUEST TO REZONE PROPERTY ON BURGESS LANE FROM RESIDENTIAL TO H-2 INDUSTRIAL BE DENIED~ BUT ALSO, RECOMMENDED THAT LOT C BE REZONED H-2 INDUSTRIAL AND LOT B BE REZONED B-2 BUSINESS. THESE RECOMMENDATIONS WERE CARRIED OVER TO A PUBLIC HEARING ON SEPTEMBER 25, 1967, THE MAYOR ANNOUNCED THAT DUE TO THE VIRGINIA MUNICIPAL LEAGUE MEETING, THE REGULAR MEETING OF SEPTEMBER 18, 1967 WOULD BE POSTPONED UNTIL SEPTEMBER 25, 1967. THE REQUEST OF MR. LouIs SALOMONSKY TO WAIVE CERTAIN BUILDING CODE RESTRICTIONS ON HIS PROPOSED APARTMENT PROJECT WAS AGAIN CONSIDERED. MR. R. L. NUNLEY ADDRESSED THE COUNCIL IN OPPOSITION TO WAIVING NORMAL INSPECTIONS. AN ORDINANCE WAIVING CERTAIN BUILDING, PLUMBING AND ELECTRICAL CODE RESTRICTIONS ON AN EXPERIMENTAL HOUSING PROGRAM PROJECT ON CABELL AVENUE, WHICH WAS OFFERED AT THE HEETING OF THE COUNCIL ON AUGUST 1967 WAS DEFEATED BY THE FOLLOWING RECORDED VOTE: AYES: MR. HAGGERTY AND MR. VOGT. NOES: MR. MOUNT AND MR. RENNOLDS.