HomeMy WebLinkAboutO-1973-031.2 M-3089 (2)
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binder nutee - Augut 20, 19,!
11 Volume 2-8 binder - Auquat 20, 1973
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ORDINANCE NO. 31. 2
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AN ORDINANCE CHANGING THE SETBACK REQUIREMENTS
FOR SWIMMING POOLS CONSTRUCTED ON LOTS WHERE
THE REAR OF THE LOT FACES A CANAL. OR 19ATE&WAY;
AND PROVIDING THAT THE SETBACK, IN SUCH SITU-
ATION BE CHANGED FROM 25 FEET TO 15 FEET; AND
PROVIDING THAT ALL ORDINANCES OR RESOLUTIONS
IN CONFLICT HEREWITH BE REPEALED TO TEE EXTENT
OF SUCH CCNFLICi; AND PROVIDING i'OR :'HE _TNTRO-
DUCTION OF THE ORDINANCE, THE RETZING OF THE
ORDINANCE IN FULL AND THE READING OF' THE ORDI-
NANCE BY TITLE ONLY AS `1'O THE SECOND READING
AND THE THIRD READING, WITH ALL THREE READINGS
DEING HELD ON AUGUST 20, 1973; AND PROVIDI:G
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FOR At! EFFECTIVE DATE.
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
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FLORIDA:
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a Section 1. That where any swimming pool is constructed in
the rear yard of a home and where the rear lot line faces a canal
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or waterway, the edge of the swimming pool shall set back from the
rear lot line a minimum of 15 feet.
Section 2. That all former setback, requirements in any
zoning ordinance requiring that the edge of the swimming pool set
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j back at least 25 feet from the edge of a lot line facing a canal
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or waterway are amended so that the minimum setback shall now be
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15 feet.
Section 3. That all ordinances or resolutions in conflict
herewith be and the same are hereby repealed to the extent of such
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Section 4 . That by unanimous consent of all commissioners
present, this ordinance has been introduced, read in Full and passed
on first reading and read b,: title only on second and third readings
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and passed o;, all three rc-a i::cs to the meeting of tlhe city com-
mission held on August 20, 1974 .
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Section�5. That this ordinance shall be in force and take
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effect immediately upon its passage and adoption on third and final
j ireading.
PASSED and ADOPTED on First Reading this 20th day of
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August, 1973.
PASSED and ADOPTED on Second Reading this 20th day of August,
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PASSED and ADOPTED on Third and Final Reading this 20th day
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of August, 1973.
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jMay r-Commissi er
Attest:
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l` city Clerk Auditor
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WALD1rN AND 1)UII U-w j
A'rroevr:vs �I L:oc
CLARKE WALDEN IJASCA, F1.0IiI13A U.1004
j ROBERT E. DUBOW October 2, 1974
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Mrs. Wanda M. Mullikin
City Clerk-Auditor
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City of Dania r
� Dania, Florida 33004
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Re: Our file number M-146
Ordinances
Our file number M-1088 (2)
City of Dania - chronological list
of ordinances and resolutions
Our file number M-1350
City of Dania - ordinance changing
setback requirements concerning
swimming pools
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Binder notes of regular meeting of
City Commission - August 20, 1973
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f Volume 2-B binder - minutes, I
August 20, 1973
{ Dear Mrs. Mullikin:
Reference is made to your letter dated December 21, 1973,
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regarding miscellaneous items which you did not have for your file.
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You refer to an ordinance which was passed on three read-
ings on August 20, 1973, concerning a 15-foot setback for swimming
pools where the back of the lot on which a pool is constructed
faces a canal or a waterway.
This matter was actually not on the agenda for August 20,
` 1973, but was picked up in the minutes of the zoning board for
August 14, 1973, where the zoning board had recommended a change
in the setback from 25 feet to either 15 feet or ten feet. I
As a non-agenda item, the commission did on August 20, 1973 ,
authorize an ordinance to be passed on three readings changing the
setback to 15 feet.
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I have generally objected to the passage of any ordinance
(particularly, on three readings) where the ordinance was not
drafted in advance of the meeting. However, this was such a minor i
subject with it being possible to state the entire ordinance in
about one sentence that I do not suppose any real objection exists.
At any rate, as a result of your reminder, I do enclose
herewith the proper form of ordinance, to which I have assigned
the number, 31. 2, which I ask that you place in your ordinance
i file.
( Yours very truly,
Clarke Walden
1 CW/val
Enclosure
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WALDEN AND DuDo
AITOUNLYS AT 1.Aw
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CLARKE WALDEN DANIA, FLORIDA 3300.4
ROBERT E. DUBOW
October 15 , 1973
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Mrs. Wanda Mullikin
City Clerk-Auditor
City of Dania
Dania, Florida 33004
Re : Our file number M-146
Ordinances
Our file number M-813
City of Dania - ordinance re-
zoning Dania Golf Course upon
application of Seadade Industries j
Dear Mrs. Mullikin:
I telephoned you this week regarding an ordinance
adopted on September 4, 1973, rezoning properties upon the
application of Seadade Industries.
I believe that you indicated to my secretary that
you had assigned no. 32 to the ordinance in question although
you thought that you had not received a copy from our office.
It is my recollection that I distributed copies
at the meeting of September 4, 1973, when the ordinance was
j adopted on final reading. At any rate, I enclose another copy
of same so that you may insert same in your official records.
Yours very truly,
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Clarke Walden
CW/val
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Enclosure
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1 M-1088
Binder notes of regular meeting of City Commission - July 16, 1973
Volume
Volume 2-8 binder - minutes, July 16, 1973
Binder notes of regular me cting of City Commission - August 20, 1973
Volume 2-8 binder - minutes, August 20, 1973
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ORDINANCE NO. 31.1
! AN ORDINANCE REZONING ALL OF BLOCK 3
AND PARTS OF BLOCK 8, BLOCK 15 AND BLOCK
20, TOWN OF DANIA, ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK "B", PAGE
49, PUBLIC RECORDS OF DADE COUNTY, FLO-
RIDA, SAID LANDS SITUATE, LYING AND BEING
IN BROWARD COUNTY, FLORIDA, FROM EXISTING
ZONING CLASSIFICATION TO R-3 ZONING CLASSI-
FICATION UNDER THE ZONING ORDINANCES OF
THE CITY OF DANIA, FLORIDA; AND REZONING
j THE REMAINING PARTS OF SAID BLOCKS 8 , 15
j AND 20, TOWN OF DANIA, ACCORDING TO THE i
PLAT THEREOF RECORDED IN PLAT BOOR "B",
PAGE 49, PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, SAID LANDS SITUATE, LYING AND BE-
ING IN BROWARD COUNTY, FLORIDA, FROM EXIST- {
ING ZONING CLASSIFICATION TO B-2 ZONING
CLASSIFICATION UNDER THE ZONING ORDINANCES j
OF CITY OF DANIA, FLORIDA; AND RECOGNIZING
THAT THE CURRENT NAMES OF STREETS IN THE i
GENERAL AREA OF SAID PROPERTY DIFFER FROM
THE NAMES APPEARING ON THE RECORD PLAT OF
j TOWN OF DANIA; AND PROVIDING FOR THE INTRO-
DUCTION OF THE ORDINANCE, READING IN FULL,
AND THE SECOND READING BY TITLE ONLY, AT
d THE MEETING OF THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA, HELD ON JULY 16,
1973; AND FURTHER PROVIDING FOR THE THIRD
READING AND FINAL ADOPTION OF THE ORDINANCE
AT THE MEETING OF THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA, HELD ON AUGUST 20,
1973; AND PROVIDING THAT ALL ORDINANCES OR
i RESOLUTIONS IN CONFLICT HEREWITH BE REPEAL-
ED TO THE EXTENT OF SUCH CONFLICT; AND PRO-
VIDING FOR AN EFFECTIVE DATE.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF i
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THE CITY OF DANIA, FLORIDA:
Section 1. That the following described lands situate, lying
1 and being in Dania, Broward County, Florida, to wit:
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All of Block 3, TOWN OF DANIA, according to
the plat thereof recorded in Plat Book "B" ,
page 49, Public Records of Dade County,
Florida, said lands situate, lying and being
in Broward County, Florida,
All of Block 8 , TOWN OF DANIA, LESS and EXCEPT
the South 48.35 feet of Lots 21 and 22 and all
of Lots 23 and 24 of said Block 8, TOWN OF
DANIA, according to the plat thereof recorded
in Plat Book "B", page 49, Public Records of
Dade County, Florida, said lands situate, lying
and being in Broward County, Florida,
All of Block 15, TOWN OF DANIA, LESS and EXCEPT
j Lots 1 and 2 and the North 48. 35 feet of Lots 3
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and 4 of said Block 15, and LESS and EXCEPT
the South 48. 35 feet of Lots 21 and 22, all of
Lots 23 and 24 of said Block 15, TOWN OF DANIA,
according to the plat thereof recorded in Plat
Book "B" , page 49, Public Records of Dade
County, Florida, said lands situate, lying and
being in Broward County, Florida, and j
All of Block 20, TOWN OF DANIA, LESS and EXCEPT
Lots 1 and 2 and the North 48 . 35 feet of Lots 3
and 4 of said Block 20, TOWN OF DANIA, accord-
ing to the plat thereof recorded in Plat Book
j "B" , page 49, Public Records of Dade County,
Florida, said lands situate, lying and being in
Broward County, Florida,
be and the same are hereby rezoned from existing zoning classifi-
cations to R-3 zoning classifications under the zoning ordinances
of the City of Dania, Florida.
Section 2. That the following described lands situate,
jlying and being in Dania, Broward County, Florida, to wit, j
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South 48. 35 feet of Lots 21 and 22 and all
of Lots 23 and 24 , Block 8 , TOWN OF DANIA, �
according to the plat thereof recorded in
Plat Book "B" , page 49, Public Records of
Dade County, Florida, said lands situate,
lying and being in Broward County, Florida,
Lots 1 and 2 , North 48 . 35 feet of Lots 3 and
4, South 48. 35 feet of Lots 21 and 22 and
Lots 23 and 24 of Block 15, TOWN OF DANIA,
1 according to the plat thereof recorded in Plat
1 Book "B" , page 49, Public Records of Dade
County, Florida, said lands situate, lying and
being in Broward County, Florida, and
Lots 1 and 2 and North 48. 35 feet of Lots 3
and 4 , Block 20, TOWN OF DANIA, according to
the plat thereof recorded in Plat Book "B" ,
page 49, Public Records of Dade County, Florida,
said lands situate, lying and being in Broward
County, Florida,
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be and the same are hereby rezoned from existing zoning classifi-
cations to B-2 zoning classifications under the zoning ordinances
of the City of Dania, Florida.
Section 3. With respect to the adoption of the within ordi-
ance, the city commission recognizes that the areas described in
Section 1. and Section 2. herein have also been described, or refer- i
+)I red to, by the planning and zoning board and by the city commission
! in earlier meetings by reference to adjacent streets. Further,
with respect to the adoption of the within ordinance, the city com-
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mission further recognizes that the said references to streets
refer to the present names given to said streets and that such
names differ from the street names appearing on the plat of Town !
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of Dania. That is, Northwest Third Street appears on the plat of
Town of Dania as Skandia Street, Southwest First Street appears on �
the plat of Town of Dania as Dannebrog Street, Northwest Fifth
j Avenue and Southwest Fifth Avenue appear on the plat of Town of
IDania as Thorvaldsen Avenue, Northwest Fourth Avenue and South-
west Fourth Avenue appear on the plat of Town of Dania as West
Railroad Avenue. Further, Northwest First Street, also known as
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° Tigertail Boulevard, appears on the plat of Town of Dania as Manistee
j Street and West Dania Beach Boulevard appears on the plat of Town
�I of Dania as Cocoanut Avenue. The city commission takes notice of ,
the differences in the names of said streets (as same are now used
as compared to the names given on the record plat) so that the
various agendas and minutes of the planning and zoning board and the
city commission will be consistent with the names shown on the record
plat of Town of Dania.
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Section 4 . That by unanimous consent of all commissioners
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jpresent, this ordinance has been introduced, read the first time
and read by title only the second time and passed on first and second
{ reading at the meeting of the city commission held on July 16, 1973.
Thereafter, the ordinance was again read and passed on third and
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final reading at the meeting of the city commission held on August
20, 1973.
Section 5. That all ordinances or resolutions in conflict
herewith be and the same are hereby repealed to the extent of such
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conflict.
Section 6. That this ordinance shall be in force and take
effect immediately upon its passage and adoption on third and final
reading.
PASSED and ADOPTED on First Reading this 16th day of July,
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1973.
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PASSED and ADOPTED on Second Reading this 16th day of July,
1973.
PASSED and ADOPTED on Third and Final Reading this 20th day
of August, 1973 .
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{ Mayor-Commissioner
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Attest:
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City erk-Auditor
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WA.LDEN AND DU 13ow
ArrcnrNFYS U LMI
DAN IAA FLO
C LARNE WALOEN RI DA :,MOO I
ROBERT E. DUBOW September 27, 1974
Mrs. Wanda M. Mullikin
City Clerk-Auditor
City of Dania
Dania, Florida 33004
iRe: Our file number M-146
Ordinances
Our file number M-879
City of Dania - ordinance re-
zoning Blocks 3, 14 18 and 20, j
Town of Dania
Our file number M-1088
City of Dania - chronological list
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of ordinances and resolutions
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1 Binder notes of regular meeting of
f City Commission - July 16, 1973
-• � Volume 2-B binder - minutes, July
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16, 1973
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i Binder notes of regular meeting of j
City Commission - August 20, 1973
Volume 2-B binder - minutes, August
20, 1973
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j Dear Mrs. Mullikin:
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Reference is made to your letter of December 21, 1973, regard-
ing certain resolutions and ordinances which you had not received. j
You refer to an ordinance rezoning most of Blocks 3, B, 15 ;
and 20, Town of Dania, to R-3 zoning classification and the remaining
parts of the blocks (adjacent to Dania Beach Boulevard and Ti.gertail
Boulevard) to B-2 classification.
We published an advertisement for a hearing before the
Planning and Zoning Board on March 13, 1973, and for a hearing before
the City Commission on April 2, 1973. Subsequently, we prepared
another notice concerning a hearing before the City Commission on
July 16, 1973.
The Zoning Board did recommend the change of zoning on March
13, 1973. However, I do not believe the Commission considered the
matter at all on April 2, 1973 , because of the moratorium which then
existed. This explains why the further notice was given for July 16,
1973.
The ordinance was then passed on first and second reading on
July 16, 1973, and on third and final reading on August 20, 1973.
We have tried to suggest to the Zoning Board over the years
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that it describe the properties (being rezoned) somewhat more formally
than the Zoning Board followed in the particular case. For example,
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WALDEN AND Du130W
Mrs. Wanda Mullikin Page Two September 27, 1974
the advertisements largely relate the location of the property to
the street names (according to their present names) rather than to
the street names shown on the record plats. Further, the lots adja-
cent to Dania Beach Boulevard and Tigertail Boulevard have a depth
of 51. 65 feet. It would have been better to rezone to B-2 classifi-
cation the lands (adjacent to such streets) for a depth of 103 . 30
feet rather than 100 feet. The restrictions to 100 feet lends to
a situation where a small part of certain lots is not included in the
B-2 rezoning.
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At this point, none of the above observations are too impor-
tant because of the master zoning which the City is considering. ;
At any rate, we have taken the time to review the plats
exactly and to prepare formal legal descriptions to insert in the
ordinance.
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I enclose herewith the ordinance in question, to which I have
assigned the number, 31. 1, which I ask that you file in your ordinance
records.
Yours very truly,
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Clarke Walden
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P.S. The ordinance was actually passed on first and second reading
on July 16, 1973, and on third reading on August 20, 1973. I under-
stand that the minutes for July 16, 1973, incorrectly show only the
JJ first reading.
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ORDINia:CF No.
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AN OPOINANCe `dS DIN3 S,_x;'10N 32-31 AND SECTION 32-32
1 OF' THE CODE CF' O':Dlii<l:'f1..CS ,OF THE C:= OF DANIA, !',OY.IDA
j PY C'^O'IICING A !S4'S1:fl1?7 1!Flc14:' _.?!dI'r:?^IUF! F'OR
VMLLS AND 1!ED(",F_` H''S'DENT?Ai: ArEAS OF :>O^ mr7p"
SIX FF,LT FR-_?M `.FETfiE a:n .'C.
. LOT LINFu :ND i:CI>G.>'ti `CkiE ASAP LOT LI:?L;
THAT ALL OR!):Z;X,;r:FS OR OR'_'21,1i.5CF.5 T:^i COC t LlCT
A:^.P7`WTTH ARF. RF;F•AL,',D TO�T':!4 11::TENT OF' SUC.'i
. CONFT IC";AD PROVIDING ThAT THIS O ^ MFST�4r ? =
UPON I15 FASSF.GIi A.ND A00PTIC:1 ON TFiP.D AND FIN&L
FLEA D.1 NG:
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S_eLion 1. That Sr•ecion 32•-31 Fences, walls, hed�•as
y , e_c. -- Or, lots in
residential .areas be and the same is hereby amended tc read after amandmert as
1 follows:
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No fence, waa, structure, hedge or other continuous
plantin-.T shall be erected, culaced cr maintained on
{ any lot line, cr wittein five feet cs any lot lire i.n
resi.dcnti.al area„ more tt:an 5 X feet ir. height co
fra,it b.iLding .l i.r.e. Walls bstween _'rent tr�aldiny
line and frcat 'alas sl'.all mat ne more than three
,i feet in heict;t, measured fro,n the ratura3. contour j
of the ground of adjoining lets 0i the r.ticul,±r
lot (whi.:hever is lower) , e,':•cpt as follows: :r"rere
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particular circum�tances render it appropriate after
'i approval •:f planning board.
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Section f_ That oecti.,n 312-3: fences, walls, hedges,6 , etc. -- on corner '
lots in residential areas bu and the same is t:er;:Ly ameniied to read after amend-
a,ent as follows: `
iOn a corner let in a residential area, no fence, wall, '
stricture, hadga. plantirg cr toliaye :hall L.E enacted
or estab:i.ahed within twe,kty-five feet cf th= r_crr,er
which will ob,truc•t th*2 view o� .: dzfiver o` a v�hic.le
approaching a . erect i.nter'sacticn and in no case shall
be of. a ' '
1 eve). `greater tc an +:.ix feet above the abutting
t street level. '
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Sectior`3 That all ordinances or parts of crd_.nances in conflict here-
with t
.j with be and th-, same are hereby reeeale;l to the extent of ,ugh cor.:iicts. `
Section? That this or.?inane shall take e_.`.ect upon its p..ssapa and
adoption on third anO final readings
k PASSED and ADOI T'L' en First Reading on t`e _ day
-v--_—_ or - �; rrl / , 1973,
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FA.r,S_D znd Elio?T'Eu oil Second I;_,:3iac 1
on thO �_ day of !�'•' _ 1973.
7 PASSED and ADOPTED on i"hird Reading on t::e _-J - day of I972.
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