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<br />-.1 <br />,1.... <br /> <br />TUESDAY <br /> <br />AUGUST 22, 1978 <br /> <br />Furthermore, Mr. Frith introduced evidence (from Mr. James B. Jones, Jr., City Building <br /> <br /><,--- <br /> <br />Official, and from previous testimony by Mr. Irving R. McGhee, City Traffic & Planning <br /> <br />Director) stating that the proposed development complies with all technical requirements <br /> <br />of the City and that the proposed development would not significantly add to the motor <br /> <br />vehicle traffic count in that area, which count is considerably less than the maximum <br /> <br />Spruce Street is able to carry. Mr. Junius P. Warren, Attorney at Law and member of the <br /> <br />law firm of Broaddus, Epperly, Broaddus, Beck & Warren, appeared before Council as counsel <br /> <br />.- <br /> <br />for a number of property owners residing in the Spruce Street-Berkshire Place area (of whom <br /> <br />some fourteen were present at this meeting) and expressed the concerns of these property <br /> <br />owners with Mr. Custer's proposed development, in support of their opposition thereto and <br /> <br />(of) the request that Council accept the Planning Commission's recommendation thereon. These <br /> <br />concerns were enumerated by Mr. Warren, generally as follows: <br /> <br />(1) traffic and safety along Spruce Street; <br />(2) availability of off-street parking, especially for visitors; <br />(3) safety of children, especially along Berkshire Place; <br />(4) noise factor by adding of more apartments and more residents; <br />(5) trash disposal, which already has been a concern; <br />(6) depreciation of residential valuations; and <br />(7) violation of restrictive covenants in property owners' deeds. <br /> <br />Subsequently, as to the last-named foregoing concern, City Attorney Worthy advised that the <br /> <br />property owners' recourse is not with City Council (which has no jurisdiction therein) but <br /> <br />through civil and/or judicial proceedings. Meanwhile, it was pointed out that the issue <br /> <br />"...-.... <br /> <br />before Council is limited to Mr. Custer's application for a Special-Use Permit, whereas the <br /> <br />resubdivision of Mr. Custer's property, necessary to exercising such a permit, if issued, is <br /> <br />solely within the jurisdiction of the Planning Commission, pursuant to the City's Subdivision <br /> <br />Ordinance. Councilman West, pointing out that the Planning Commission (in recommending denial of <br /> <br />the application and/or permit), has considered all aspects of this case and, also, being <br /> <br />mindful of the concerns expressed by the residential property owners and the tranquility of the <br />