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255 <br /> <br />RESOLUTION: APPROVING SPECIAL PERMIT TO ALLOW FRATERNITY AT 125 <br />CHANCELLOR STREET <br /> <br /> Mr. Clyde Gouldman, City Attorney, explained that Council had deferred the special <br />permit request so that the following conditions could be included in the resolution: require <br />paving and maintenance of the alley; provide on-site parking for no less than seven <br />automobiles; and maintenance conditions. <br /> <br /> Mr. Vandever expressed concern that since the special use permit is a permanent <br />designation for property, granting of the special permit would expand the sites for these types <br />of organizations since the property the fraternity is leaving will continue to allow such a use. <br /> <br /> Mr. Kirby Hutto, speaking for the fraternity, said he understood that the use of the <br />current location as a fraternity had been grandfathered in before the special permit process <br />began. <br /> <br /> Mr. Gouldman explained that if the use of a property is grandfathered, the fight to such <br />use is given up if it is not used for this purpose for more than two years. <br /> <br /> Ms. Slaughter stated that she would like to add to the alley provision in the resolution: <br />"prohibit illegal parking and thereby blocking access to other buildings." <br /> <br /> Rev. Edwards stated that he will only vote for the special permit if the alley requirement <br />is removed as he thinks it is unfair for the fraternity to be required to pave and maintain a city <br />alley. <br /> <br />Mr. Gouldman said that it is unlikely that the alley is a city-owned alley. <br /> <br /> Ms. Slaughter said she will support the special permit since the neighborhood itself has <br />supported the request. <br /> <br />Ms. Daugherty asked that the fraternity show leadership in being good neighbors. <br /> <br /> Responding to a question from Mr. Vandever about the process if the special permit <br />provisions are violated, and Mr. Gouldman said that an enforcement notice would be sent and <br />if non-compliance with the provisions continued, the special permit would be revoked. <br /> <br /> Responding to a question from Mr. Toscano, Mr. Huja said the proposed site for the <br />fraternity is surrounding on all sides by fraternities and sororities. <br /> <br /> Mr. Toscano expressed concern about requiring the fraternity to pave the alley if they <br />are unable to get access to do it and to enforce no parking in the alley if it is not their <br />property. <br /> <br /> Mr. Hutto said the fraternity has been operating under the assumption that the alley is <br />city property. <br /> <br /> It was agreed that the existing wording for the alley requirement would be maintained <br />and should a problem of alley ownership arise, Council could reconsider the matter. <br /> <br /> Mr. Toscano said he intends to support the special permit as the property is surrounded <br />by fraternities, the special permit is supported by the neighborhood and St. Paul's Church, and <br />he feels there are sufficient controls to address any problems that may occur. <br /> <br />Rev. Edwards stated that he still thinks the alley- requirement is unfair. <br /> <br /> The resolution approving the special permit to allow a fraternity at 125 Chancellor <br />Street was approved by the following vote. Ayes: Ms. Daugherty, Ms. Slaughter, Mr. <br />Toscano. Noes: Rev. Edwards and Mr. Vandever. <br /> <br /> <br />