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<br />1'7/1 <br />:t':i <br /> <br />TUESDAY <br /> <br />AUGUST 23, 1977 <br /> <br />-- <br /> <br />In the ensuing discussion, in which was raised the question of whether any property <br /> <br />owner can request and/or seek the rezoning of property belonging to another property <br /> <br />owner, as in the case of Dr. Roycroft's petition, Attorney Epperly contended that Section <br /> <br />l5.l-49l(g) of the CODE OF VIRGINIA (1950, and as amended) permits such actions; however, <br /> <br />in response thereto on request of Council, City Attorney Worthy expressed his opinion <br /> <br />that a "common-sense" construction of this statute precludes such action(s) and, therefore, <br /> <br />,- <br /> <br />in the case at hand, Dr. Roycroft does "not have standing to initiate" the zoning petition <br /> <br />as filed for and by him but "does have standing" to oppose the Lanier Farm petition through <br /> <br />the course of public hearings required thereon. The position of the City Attorney was <br /> <br />supported by Attorney Benjamin R. Gardner, of the law firm of Frith, Gardner & Gardner, <br /> <br />representing Lanier Farm, Inc. Upon motion, duly seconded, and with Councilman West <br /> <br />abstaining for reasons cited during Council's initial consideration of the Lanier Farm <br /> <br />petition, and with all other Councilmen voting affirmatively, Council (1) directed that <br /> <br />a duly-advertised public hearing be conducted on the Lanier Farm petition (and the Planning <br /> <br />Commission's recommendation thereon), and (2) directed that the Roycroft petition be <br /> <br />temporarily "tabled". <br /> <br />By a separate and unanimous action, Council directed that its next regular meeting, <br /> <br />scheduled for Tuesday, September 13, 1977, be rescheduled for Wednesday, September 14, <br /> <br />1977, at which meeting the duly-advertised public hearing on the foregoing Lanier Farm <br /> <br />property rezoning petition will be conducted. <br /> <br />Formalizing a prior action of Council, as initiated by Councilman Oakes, and incorporating <br /> <br />a revision thereto recommended by Councilman Oakes, Council unanimously adopted the following <br /> <br />ordinance amending Section 5-1.1 of the City's Employee Manual, whereby "birthday" holidays <br /> <br />will be granted City employees with a minimum of one year of continuous employment service <br /> <br />with the City: <br />