01-14-2015 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JANUARY 14, 2015 REQUEST TO WAIVE GAMBLING FEE BERRES DUPLEX ISSUE The City Clerk reported that St. Odilia has requested that the City waive its $35 gambling permit fee that is being charged to process their request for an Exempt Gambling Permit for a fundraiser that they will be holding at The Little Venetian. The City Clerk noted that this feel is charged to St. John's Church and other organizations that request Exempt Gambling Permits. She also noted that the City charges 10% of net profits from other organizations that operate charitable gambling sites in the City, and that the 10% fee results in several thousand dollars charged to these organizations. The City Clerk recommended denial of the request for waiver of fee made by St. Odilia. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2015-1-14 —DENYING THE REQUEST OF ST. ODILIA'S CHURCH FOR WAIVER OF $35 EXEMPT GAMBLING FEE AS RECOMMENDED BY CITY STAFF The foregoing resolution was duly seconded by Montour. Ayes (5). Nays (0). Resolution declared adopted. Roger Berres, 2957 Arcade Street, appeared before the Council relative to the loss of duplex status for his property on Arcade Street. The City Administrator reported that the City granted a permit in the 1980's for the construction of a duplex at 2957 Arcade Street under the City's one -in -ten duplex provision. That provision was eliminated from the Code in 1984, thus resulting in any duplexes constructed under the provision to have legally non -conforming use status. The Administrator reported that under State Law if a legally non -conforming use is discontinued for a period of one year, the legal non -conforming status lapses. Mr. Berres was sent a letter in June of 2014 notifying him that the duplex has Lost its legal non -conforming status. Mr. Berres has also been informed that he has the right to appeal this situation to the City Council. The Administrator reported that an escrow deposit of $500 is required to commence the appeal process, however, on the advice of the City Attorney, Mr. Berres has been advised that the fee would be waived. The City Attorney reported that Mr. Berres has requested that his office write him a letter outlining the City's position on this matter. The City Attorney presented Mr. Berres with that letter. The City Attorney cited the City Code provisions relative to the discontinuance of a legally non- conforming use. The City Attorney also indicated that given Mr. Berres' indication that payment of $500 to initiate the appeal was a hardship for 12