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136 <br /> <br /> On motion by Dr. Hall, seconded by Mrs. Gleason, the <br />$$0,000 appropriation for the Perinatal Nutrition and <br />EducatiOn Services Program was offered and carried over <br />to the next meeting for consideration. <br /> <br />APPROPRIATION: ~10,000 WATER FUND - RENT CLAIM SETTLEMENT <br /> <br /> Mr. Hendrix stated that in 1968 the RIVANNA Dam was <br />built partly on land owned by Mr. and Mrs. George Cason <br />and that the amount had been settled on by all parties <br />as payment for past rent. Mr. Hendri× added that the <br />property has recently been purchased by the Rivanna Water <br />and Sewer Authority. <br /> <br /> On motion by ~rs. Gleason, seconded by Mr. Barnes, <br />the $10,000 appropriation for the rent claim settlement <br />was offered and carried over to the next meeting for <br />consideration. <br /> <br />RESOLUTION: AUTHORIZING SPECIAL PERMIT FOR PRIVATE SCHOOL AT <br />2429 JEFFERSON PARK AVENUE <br /> <br /> Mr. Buck and Mr. Barnes stated that they would <br />abstain due to a potential conflict of interest. <br /> <br /> Mr. Ron Higgins, Planner in the Department of <br />Community Development, reviewed the Land Use Plan for <br />the neighborhood which is zoned R-2. Mr. Higgins stated <br />that the Seventh Day Adventist Church purchased the <br />property at 2429 Jefferson Park Avenue and was requesting <br />the special permit to relocate a portion of their school <br />into the former residence. Mr. Higgins stated that the <br />Planning Commission recommended denial of the special <br />permit for the following reasons: 1) It is contrary to <br />the Land Use Plan of the Comprehensive Plan, 2) The <br />proposed use could have an adverse impact on the surround- <br />ing neighborhood in terms of noise and inadequate buffer, <br />3) The facility has adequate space in their existing <br />areas to provide for the numbers they have right now and <br />expansion would result in too little land for the total <br />facility, and 4) We are concerned about the further <br />intrusion of non-residential uses into the neighborhood. <br /> <br /> Dr. Hall asked Mr. Wiley, City Attorney, if he should <br />abstain from voting as his own church is engaged in <br />purchasing the residence adjacent to it for the same <br />purpose. <br /> <br /> Mr. Wiley responded that for special permits each <br />situation should be looked at individually and that in <br />the strict legal sense there was no conflict. Mr. Wiley <br />added that if Dr. Hall felt his church siatution effected <br />his judgment on this issue, then he should abstain. <br /> <br />Dr. Hall stated that he would vote on the matter. <br /> <br /> Mrs. Gleason asked if the church could request a <br />similar special permit in the future. <br /> <br /> Mr. Wiley responded that the permit could be applied <br />for after a year. <br /> <br /> Mrs. Gleason stated that she felt there was a need <br />for clarification in zoning concerning uses for church <br />buildings, but added that she was not opposed to day care <br />centers in churches. <br /> <br /> Responding to a question by Dr. Hall, Mr. Higgins <br />stated that the special permit requirement was known to <br />the church before the residence was purchased. Mr. Higgins <br />noted that the residence could be used by the church for <br />other uses by-right, but could not be used for day care <br />without a permit. <br /> <br /> <br />