70
<br />REPORT RE:
<br />REZONING ROSE HILL DRIVE.
<br />AT THE REQUEST OF THE COUNCIL, THE COMMISSION RECONSIDERED THE
<br />PETITION FROM MR. CHARLES BARHAM, JR• REQUESTING A CHANGE OF THE
<br />ZONING CLASSIFICATION OF HIS PROPERTY ON ROSE HILL DRIVE. THIS
<br />NATTER WAS RECONSIDERED AT THE REGULAR MEETING OF THE COMMISSION
<br />HELD ON AUGUST 10, 1954 AND ALSO AT A SPECIAL MEETING HELD ON
<br />AUGUST 23, 1954.
<br />UPOM MOTION PROPERLY MADE AND SECONDED, THE COMMISSION VOTE
<br />NOT TO CHANGE ITS RECOMMENDATION PREVIOUSLY MADE TO COUNCIL. THE
<br />FiOMMISSION STILL WISHES TO RECOMMEND TO COUNCIL THAT THE PETITIONE®
<br />PROPERTY, LOCATED ON THE WEST SIDE OF ROSE HILL DRIVE, SOUTH OF THE
<br />PRESENT A-B BUSINESS DISTRICT, BE REZONED FROM THE A-1 RESIDENT DIS-
<br />TRICT TO THE A-B BUSINESS DISTRICT AND THAT THE PETITIONED PROPERTY,
<br />LOCATED ON THE E,ST SIDE OF ROSE HILL DRIVE, REMAIN AS PRESENTLY ZONED.
<br />WILL YOU PLEASE INFORM THE COUNCIL OF THIS ACTION TAKEN BY THE
<br />COMMISSION,
<br />VERY TRULY YOURS,
<br />TDF:sB
<br />T. D. FEATHERSTON
<br />PLANNING ENGINEER
<br />A MOTION BY MR. TEBELL, SECONDED BY MR. DAVIS THAT A PUBLIC HEARING ON
<br />PUBLIC HEARING ORDEREl1
<br />RE: ROSE HILL DRIVE.
<br />THE PETITION OF MR. CHARLES BARHAM, JR. FOR REZONING ON ROSE HILL DRIVE BE
<br />HELD ON SEPTEMBER 27, 1954 AT 2:00 P. M. WAS UNANIMOUSLY ADOPTED.
<br />ON MOTION BY MR. DAVIS, SECONDED BY MR. WEINBERG, THE FOLLOWING RESOLUTION
<br />WAS UNANIMOUSLY ADOPTED:
<br />BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE:
<br />RESOLUTION RE:
<br />CLOSINPi UNNAMED STREET
<br />IN WESTWODD SUBDIVISION
<br />THAT, WHEREAS, AT A MEETING OF THE COUNCIL HELD ON THE 19TH DAY OF
<br />.IDLY, 1954, THE MINUTES OF WHICH MEETING ARE OF RECORD IN MINUTE BOOK .~,
<br />!. 62, AN APPLICATION WAS RECEIVED FROM HUNTER FAULCONER REQUESTING THAT
<br />THE COUNCIL BY APPROPRIATE ACTION CLOSE AND VACATE AN UNNAMED STREET
<br />FORTY (40) FEET IN WIDTH RUNNING FROM RUGBY AVENUE ON THE NORTH TO
<br />WESTWOOD AVENUE ON THE SOUTH WHICH UNNAMED STREET IS SHOWN ON PLAT OF
<br />DIVISION OF BLOCK D OF THE „WESTWOOD~ SUBDIVISION IN THE CITY OF
<br />CHARLOTTESVILLE, OF RECORD iN THE CLERK S OFFICE OF THE CORPORATION
<br />COURT OF THE CITY OF CHARLOTTESVILLE IN D. B. 128, P. 16, AS RUNNING
<br />BETWEEN LOTS 4 AND 13 ON THE WEST, AND LOTS 5 AND 14 ON THE EAST AND
<br />WHEREAS, AT SAID MEETING SAID APPLICATION WAS REFERRED TO THE CITY
<br />PLANNING COMMISSION FOR STUDY AND RECOMMENDATIONS ANS
<br />WHEREAS, A REPORT HAS BEEN RECEIVED FROM THE CITY PLANNING
<br />COMMISSION RECOMMENDING THAT THE APPLICATION OF HUNTER FAULCONER
<br />TO CLOSE AND VACATE SAID UNNAMED STREET BE GRANTED] ANb
<br />WHEREAS, IT APPEARING THAT IN EACH OF THE DEEDS OF CONVEYANCE
<br />BY SAID HUNTER FAULCONER CONVEYING THE LOTS SHOWN ON SAID PLAT, HE
<br />RESERVED THE FEE TO THE LAND SHOWN ON SAID PLAT AS STREETS ADJOINING
<br />THE LOTS SHOWN ON SAID PLAT, AND THAT HiS OFFER TO DEDICATE THE SAME
<br />TO THE CITY OF CHARLOTTESVILLE HAS NEVER BEEN ACCEPTE®~ AND
<br />WHEREAS, IT FURTHER APPEARING THAT SUCH CLOSING AND VACATION
<br />DOES NOT ABRIDGE OR DESTROY ANY OF THE RIGHTS OR PRIVILEGES OF OTHER
<br />PROPERTY OWNERS WITHIN THE BOUNDS OF THE AREA OF LAND SHOWN ON SAI®
<br />PLATS AND
<br />WHEREAS, IT STILL FURTHER APPEARING THAT SAID UNNAMED STREET IS
<br />NOT NECESSARY FOR THE CONVENIENCE ANO COMFORT OF THE PUBLIC AND THAT,
<br />THEREFORE, THE OFFER OF HUNTES FAULCONER TO DEDICATE THE SAME TO THE
<br />CITY OF CHARLOTTESVILLE SHOUI:D NOT BE ACCEPTED
<br />NOW, THEREFORE, IT Is ORDERED, PURSUANT ro powER CONTAINED IN
<br />SECTION 13 OF THE CHARTER OF THE LITY OF CHARLOTTESVILLE THAT SAID
<br />UNNAMED STREET SHOWN ON THE PLAT OF DIVISION OF BLOCK D OF THE
<br />"WESTW000" SUBDIVISION, OF RECORD IN THE CLERK S OFFICEOF THE
<br />CORPORATION COURT OF THE CITY OF CHARLOTTESVILLE IN D. B, 128, P. 16,
<br />AS A STREET FORTY (40) FEET IN WIDTH AND RUNNING FROM ITS INTERSECTION
<br />WITH RUGBY AVENUE ON THE NORTH TO lT5 INTERSECTION WITH WESTWOOD AVENUE
<br />ON THE SOUTH BE AND THE SAME IS HEREBY CLOSED ANO VACATED THROUGHOUT
<br />ITS ENTIRE LENGTH ANO WIDTH, THE LAND INCLUDED IN SAID UNNAMED STREET.
<br />REVERTING TO THE SAID HUNTER FAULCONER WHO HAD RESERVED THE FEE IN SAID
<br />UNNAMED STREET.
<br />IT IS FURTHER ORDERED THAT THE MAYOR AND CLERK BE AND THEY HEREBY
<br />ARE AUTHORIZED AND DIRECTED TO UNITE ON BEHALF OF THE CITY OF CHARLOTTES-
<br />VILLE IN A PROPER INSTRUMENT IN WRITING SIGNED BY ALL OWNERS OF PROPERTIES
<br />ABUTTING SAID UNNAMED STREET VACATING AND CLOSING THE SAME, TO SHOW THE
<br />APPROVAL OF THIS COUNCIL OF SUCH CLOSING ANO VACATION, WHICH SAID
<br />INSTRUMENT SHALL BE ACKNOWLEDGED IN THE MANNER OF A DEED AND FILED FOR
<br />RECORD IN THE CLERKS OFFICE OF THE CORPORATION COURT OF THE ~'ITY OF
<br />CHARLOTTESVILLE.
<br />IT IS FURTHER ORDERED THAT THE CLERK OF THE COUNCIL BE AND HE NERE9Y
<br />IS DIRECTED TO RECORD IN SA10 CLERKS OFFICE, A DULY ATTESTED COPY OF THIS
<br />RESOLUTION. '
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