Amend Petition
gl?)?(lq~
TO THE BOARD OF CITY COi1MISSIONERS OF SALINA. KANSAS:
A~æNDED PETITION
Come now F. J. Reames and C. L. Smalley, Jr., and for
their Amended Petition state:
1.
On September 12,1951, petitioners negotiated an agree-
ment with C. N. Hoffman, agent for Leah t~orsley and Claire Dell
Hoffman, whereby it was understood that petitioners would ac-
quire the use of a tract of unimproved land which is now
bounded on the north by Cloud Street, on the west by Hagaman
Street, on the south by U. S. Hf.ghway 81 by-pass, and on the
east by Hagaman School; as a part of said agreement, the parties
executed a written lease which is recorded in Book 57 at Page
254 of the records in the office of the Register of Deeds of
saline County, Kansas.
No part of said land was then within
the city limits of Salina, Kansas.
2.
Immediately thereafter, petitioners took possession
of said tract of land and made substantial expenditures of
money to establish thereon Traco Trailer Court.
Petitioners
installed, at their expense, a sanitary sewer system consist-
ing of an eight inch sewer line extending south from Cloud
Street onto and along the east side of said premises, with
lateral lines extending west therefrore, and with risers there-
iro~ which now serve sixteen trailer houses on the east one
hundred feet of said tract of land.
All other sanitary re-
quirements were installed by the petitioners, including water,
sewer and gas lines, plumbing, etectrical, and garbage disposal
- 1 -
facilities, lighting, telephone, drainage, hardsurfacing and
other improvements to adapt said premises to their use as a
modern trailer court.
All of such improvements, and all equip-
ment used in the operation of Traco Trailer Court, become the
property of the landlords on September 12, 1961.
Petitioners
are obligated to pay not less than ~.OO per month ~aK8&*.
as rental for said premises.
3.
Thereafter, the Board of Education of Salina erected
Hagaman School and said leased premises were annexed to the
City of Salina.
4.
In 1955, without actual knowledge of the petitioners
that said leased premises had been taken into the City limits,
petitioners completed sixteen area units along the east side
of said leased premises, South of the Launderette building at
Cloud Street, each unit being not less than twenty feet north
and south and not less than thirty-five feet east and west,
some of which units are near Hagaman School.
After completion
of said sixteen units Building Inspector Johnson advised
petitioners of the necessity of making application for a
building permit, by letter dated September 20,1955.
Immedi-
ate reply thereto was made by petitioners acknowledging their
ignorance of the fact that said leased premises had been annexed
to the City oi Salina, and on September 30, 1955, petitioners
filed application for a building permit which was denied on
October 4, 1955, according to letter written petitioners by
Building Inspector Johnson.
Otherwise, petitioners never
applied to or appeared before the Building Inspector or the
City Planning Co~ission.
- 2 -
5.
\~ithout waiving their rights relating to said pre-
mises and their lease thereof made at a time when the use
thereof was not governed by City ordinances, and in order to
cooperate with the City of Salina and all its officials, in
the promotion of the health, safety, morals and general wel-
fare, petitioners respectfully request:
(a)
Continuance of and use of said premises
until not later than September 12, 1961, although
such use does not conform with the zoning ordi-
nances of Salina.
Sec. l5.
(b)
Special permission of the Board for con-
tinued use of said premises by the petitioners
under such conditions as the Board may impose.
Sec. l3, item 13.
(c)
Amendment oi the zoning ordinances to the
extent oi permitting continued use of said
premises until September 12, 1961.
Sec. 21.
(d)
Authorize such limited continued use and
thereby prevent unnecessary hardship and fin-
ancial loss to the petitioners, so that sub-
stantial justice be done.
Sec. 23, i tern 3.
Respectfully submitted,
ROYCE,
HAJŒTON, DUNHAM, ROYCE & ENGLE~~N
-&;/! t:, ¿){;';.
Atto ets ,iór ïtitiOnerS )
BY:
- 3 -
TO THE BOARD OF Cin CO~lSSlON!RS OF SALIM, KAJlSAIi:
A~KÐ&D PETITION
c~ now F. J. Ite... and C. L. Smelle,. J~., 81\4 tœ
their A88nded Pet1tlon state:
1.
on September 12. 1951, petItioners negotiated an asx..-
ment vith C. N. Hofflllan, agent for Leah \/or81ey end Clatre Dell
Hoffman, whereby it was underatood that petitioner. would ac-
quire the u.. of a tract; of un1mproved land which 18 now
bounded on the north by Cloud Street, on the welt by }{a¡_n
Street, on the south by U. S. Hipay 81 by-p.a.. and on the
...t by Hagaman School; 8S 4 part of .aid AlXeement. the partie.
executed a written lea.. which 1s recorded in Book 51 at '&Ie
2>4 of the records in the office of the Rea1.~E of Ðe8d8 of
saline Couraty, Kan.a...
No put of eaid land v.s then within
the city l~it& of Ealina, Kanaaa.
2.
lmŒ~diately thereafter. petitioners took posse..ian
of said Uact of land end made substantial expenditure. of
money to 8slabllah thereon Traco 1ral1er Court.
Petitioners
installed, at their expense, a sanitary sewer aY8te~ consi.t-
ing of an eight inch sewer line extending south frœ¡ Cloud
Street onto and alo06 ti1\1 east aide of. lia1d premlasø, with
lateral linea exten~Ln6 ~eal therefr.~. and with risers there-
frÛlîl whL.:h now aer'/e sixteen tra1.å.er ¡10u.e. on the ea.t QUa
hundred feet of aaid tract of laod.
All other aanitar:y re-
qu1reæents were Installed by the petitioners, including water,
sever and gas lines, ~l";Liliiaó, oalectrical, md garbage disposal
- 1 -
facl1ltl.'. l1abt~, telephone, d~alD&18. h~d~f8C1A& and
other 1apro~U to adapt MId pr_l... t.o tb81.1' U.. .. a
œodern t~al1er court.
All of luch ~pTOY888ftt., 8Dd all ..u1p.
UI1It UMd in the operation of Traco Trailer C~t. b8c- the
p1L"Opauy of the laadlorcll on Sept88ber 12. 1961.
PeUt1o8ø8
a~e obU¡.ated to pay not 1... than $180.00 p8~ I'GODth '0
11
a. rental for .aid premi....
3.
thereafter. the Board of Education of Salina erected
Hagaman School and laid 1'.Nd premise. were annexed to the
City of SaUna.
4.
In 19~5. without actual knowlad¡a of the patlti~nar8
that ..ld 18...d premis.. had been taken into the City ltmits.
petitIoner. completed sixteen a~e. unit. 810A¡ the ...t aide
of ..ld lea.ed pr8iRl.... South of the Lauodereue buUdina at
Cloud Street, each unit ~1n¡ not 1.,. than twenty feet narth
and south and not le.. than thirty-five feet eaat and welt,
some of which units are near Hagaman scooolo
After c~mpletion
of 8ald 8ixteen units Building Inspector John.on advised
petitioners of the neces8~ly of ~aking application for Ð
building permit, by letter date'¡ Septetlber 20,1955.
lrœ!edi-
ate reply thexato was maùe by petitioners acknowledgb1g their
igno¡:anl:o of the fact that. said leased ~reœiaes had been annexed
to ti~ City of fal~~, &~è 00 ~ept~~ber 30.1955, petitioners
tiled ap¡>l.1clltioil rQr & building per,uit which ilaa denied on
October 4, 195}, according to l.tt.~ written petitioner. by
Building Inlpector Johnson.
Otherwilo. petitioner. never
applIed to or appeared c~[orc the Bu11ding Inspector o~ the
CIty Planning CJ~i.sion.
- 2 -
5.
Without wa1vina their rl¡bta rel.tin, to ..1d pre.
mi... and their la... thereof w.ad8 at a 11M wb8n tbe UN
ther.of we. not &õverned by Ci.ty OX'dlnmc..., ad in œd8r to
cooperate with the City of SaUna and .U it. offic1a18, 1a
the prCll8Otloa of the health, "'et1, IIIOra18 _4 ..-rai _1.
fara, petitioner. re.pectfully request:
(a)
Conti.;\U&11Ce of am! us. of .aid premh..
until not loter than Sept~r 12, 19b1, althou¡h
such UN QO.. not conform with the ~oninl ord1-
nance. of Salina.
See. 15.
(\»
Spec 1al penolailion of tt.. ao~d for o;o¡:¡-
tinued UN of .aid prezh.. by the pet1tloQ8u
under .uch condition... the Board may tmpo...
Sec. 13, item 13.
(c)
Amendment of the ~onin8 ordinance. to the
extent of penlitting cantlnued use of said
prG@iSvs until Zept~bar 12, 1961.
s~c. 21.
(d)
Authorize &uch l~lted continued use anå
thereby prevent wm8cessary hardship and iin-
aocial 105& to the ~titioners, so thAt 6ub-
stantlal justice be Jnna.
Sec. 23, item 3.
ReapQc~ful1y su~H1tlej,
ROYCE, HAMPTON, DUNHAM, ROYCE h IMGLlUWC
BY:
Attorneys for Petiti~lar.
- 3 -
State of Kania.
)
)
)
..
Sal1De County
I, .,. J. R...., beina duly 8WOm atate that 1 ban
l"8ad the above A8nd8d Petition aa4 that the a11..a&1O88
therein contained are true to the be.t of .., knowl.. aod
belief.
F. J. Rearoea
Subacribed to and .worn to before me, s Notary Public
1n and for ..1d CoW\ty and State, this - day of AuSUlt.
19S6.
I{Qtary Pw>Uc
MJ Coœa1al1on upue.:
- 4 -
TO tIlE BOARD OF CITf COÞt1ISS lONERS OF SALINA. KANSAS:
AMENDED PETITION
CQ88 now F. J. It.... and C. L. Smalle,. J~.. 8ftd for
their Amended Petition state:
1.
On September 12. 1.951. petitione1C8 nesotiated an .ar..-
mont with C. N. Hoffman. agent for lAah \Toraley and Claire Dell
Hoffman. whereby it was understood that petitioners would ac-
quire the uae of a tract of unimproved land which 1. now
bOUÐded on the north by Cloud Street. on the tIÞ1t8t by li.a¡aman
Street. on the south by U. S. Highway 81 by-paas, and on tbe
.
tlaat hy Hagaman School; a8 a part of said qr88l'lJ81\t. the p81'ue.
exec:uted a written lease which is recorded in Boo:< :'1 at P.ge
2$4 of the r~cord8 in the office of the Register of Deed. of
Saline COURty, Kans.a.
No part of said land was then within
tho city limits of saUna. !<anus.
2.
~d1ately thereafter, petitioners took po.aesaion
0-1 said tract of land and made 6ubøt8ntial expenditure. of
œoney to establish tbereQO Traco Trailer Court.
Petitioners
installed, at their expense. a sanitary se'it.oer system consiat-
lng of an eight inch se'Rer line extending south from Cloud
Street onto and along the east aide of .aid premlaes, with
lateral line& extending west Lherefrorn, and with risers there-
iroœ ,..hier. now serve sixteen trailer houses on t.h~ ea&t one
hundred feet of aaid tract of Land.
All other sanitary re-
quir~t$ vere installed by the petitioners. including water.
sewer and gaB 11n&s, pl~a~inð' electri~al, and garbage Jiaposal
- 1 -
facilities. 11¡ht1n¡. telephone. draina¡e. hardau~lacta& and
other improV8lll8nt. to adapt Mid pr8IDi... to their u.. .. a
IDOdern trailer court.
All of .uch i8proV888nta. end all ..ulp.
m8ftt uaed in the operation of 1ra<:0 Trailer Couxt, bec088 tb8
propexty of the 1andlo~d. on Sep~r 12,1961.
Pet1tioaø8
are obligat*d to pay Dot 1... than JUO.OO per month .-zx""x
88 rental for said premise..
3.
Thereafter. the Board of Education of Salina erected
Hagaman School and .aid I.aNd pre;n1aell were annexed to the
City of SaUna.
4.
In 1955, ~thout actual knowledge of the petitioner.
that aaid leased prGQia.a had been taken into the City l1mit8,
petitioners completed sixteen area units along the ...t aide
of &aid l....d prem1..., South of the Launder.tte bulld1n¡ at
Cloud Street. each unit àeins not 1... than ~ty feet north
and south and not le88 than thirty-five feet ea8t and west,
some of which units are near Hagaman School.
After completion
of said sixteen units Building Inspector Johnson advised
petitioners of the necessity of making ap~llcation for a
huilding permit, by letter dated Se?t~ber 20.1955.
'lfm¡edi-
ate reply thereto was made by petitioners ackn~ledging their
ignorance of the fact that ~a1d leased premises had been annexed
to tl~ City of £alioa, &1å on September 30, 1955. petitioners
filed api)licalioa for a builåing permit w-hich vas denied on
October 4,1955. accordln¡ to letter written petitioner. by
Building Inspector Johnson.
Otherwise. petitioners never
~pçlied to or appeared cafore the Bu11ding Inspector or the
City Planning Cooanisslon.
- 2 -
5.
Without waiving thair rl¡hta rei.tina to ..i4 pre-
mbe. and theb' 1.... thel'eof œade at . time wben the un
thelr.of we. not &ovemed by City 0I'4inance.. an4 in orår to
cooperate with the City of Sal1na and .11 it. official.. 1R
tb8 pl'G80t:1oa of the bealth, "'etl, Il1O1'.18 _d ......1 ..1-
far.. petition.r. re.pectfully requ8¥t:
(a)
Continuanc. of and us. of .aid premia..
until not later than September 12, 1961, ~ltbouab
such u.. doe. not conform w1th the zonil'8 ord1-
Rances of Salina.
Sec. 15.
(b)
Speaial perw1aaiün of the õoard for con-
tinued use of sa1d ¡nesdsvs by the petitioners
uncler such conditions aa the Board 1881 impo...
See. 13, item 13.
(c)
Amendment of the ~on1n8 ordinances to the
extent of permitting continued U8e of s.ld
pr~~S8S until Septewbar 12, 1961.
See. 21.
(d)
Authorize such limited continued use and
thereby prevent un£lecessary hardahtp and f1n-
ancial loss to the petitioners. 60 that ~~b-
stantial justice be done.
Sec. 23. 1 t:em 3.
~e8pectiully 3~~1tted,
ROYCE. HAMPTON, DUNHAM, ROYCI & IMGIJUWI
BY:
Attorneys for Petitioners
- 3 -
State of Kan... )
)
5.1108 County )
..
I, F. J. R...., 1>810& duly nom .tate that 1 be"
read the ebove Ä881\deel PeUt1on &Ad tbat the alle..Uoe.
therein conta1D8d He tl'\l8 to the beat of ., knowl.. aDd
beUef.
F. J. Re_a
Sub8CI'lbed to and aworn to before me. a Notlll'J PubUç
in and far Hlel County and State. thi. - day of Auauat,
1956.
Notary Publ1.c
~ Commi..ion expire.s
- '. -
TO THE &OARU OF CITY COHHISSIOlŒRS OF SALINA. lCAMu.a:
AMENDED PETITION
c~ now F. J. ReG188 and C. L. Smalle,. Jr.. _IS for
their Alll8ndecl Petition natel
1.
On September 12, 1951. petitioner. negotiated an a~..-
û.ent with C. N. Hoffman, agent for Leah Hardey and Claire Dell
Hoffman. whereby it was unde1:.tood that petitioners would ac-
quire the use of 6 tract of un~proved land which i8 now
bounded on the north by Cloud Street. on the west by Hagaman
Street. on the south by U. s. Highway 81 by-pa88. and on the
ea8t by Kaseman School; a. a part of .aid agreement. the partie.
executed a written lease which i8 recorded in Book 51 at Page
254 of the records in the office of the Resister of Deeds of
Saline County. Kan....
No part of aa.1.d land was then within
the city limits of salina. Kansas.
2.
IŒ&~diately thereafter. petitioners took posse..ion
of said tract of lal\d and made substantial expenditures of
money to establish thereon Treeo Trailer Court.
Petitioners
installed. at their expense. a sanitary sewer systeD conpiBt-
ing of an eight inch sewer line extending south lI:am. Cloud
Street onto and along the east side of said premises. with
lateral Lines extending '->est therefro:n, and with risers there-
fr<Xïl which now serve sixteen trailer hOUS85 on the east one
hundred feet of said tract of land.
All other sanitary r.-
quirements were installed by the petitioners. including vater.
sewer and gas lines, ~luwbinð' electrical, and garbage disposal
- 1 -
facilities, ll¡btini. telephone, d~.lnaae, ~d8U~f8C1n& an4
othe~ t..proV888atl to adapt Hid pr_l... to tbell' UM .. a
:aodern traUer court.
All of .uch ~prOY888Qtl. and all ~Y1p-
ID8Ut \168'1 in the opeEaUon of Traeo Trailer Court. becC188 the
property of the landlords on Sept88b8r 12,1961.
'eUt1oDH8
are obligated to pay not 1... than $Sa.OO per month ~~
aa rental for $4id premi....
3.
Thereafter, the Board of Education of Salina erected
Hagaman School and Hid 1e...d premiae. were anaexed to the
City of Salina.
4.
In 195~. without: actual knowledge of the petitioners
that ..id 1....d preœi... had beea taken into the City l~itl.
petitioner. coœpleud sixteen are. unite along the Galt aide
of ..id l...ed preml.... South of the Launderette building at
Cloud Street. euch unit being not le.. than twent, f_t north
and south and not la.a than thirty-five feet eaat and weat.
50G18 of which units are near Hagaman School.
After completion
of said aixtean units Building Inspector Johnson advised
petitioners of the necessity or ~~king application for a
building permit, by letter dateà September 20. 1955.
IIm1edi-
ate reply tl~reto was wade by petitioners acknowledging their
ignorance of the fact that said leased premises had been annexed
to tl&e City of [alina, ID1d on September 30, 1955. petitioners
filed npt'Ueation for a building per1!lit .,hie}; vas denied on
October 4.1955, accordin¡ to letter written petitioner. by
Building Inspector Johnson.
Otherwise. petitioners never
applied to or appeared before the Building Inspector or the
City Planning COOJ::l.1sll1on.
- Î -
5.
Without waivin¡ their ri¡bt. r.Iatin¡ to .aid pc,-
818.. and their 1.... tbeX'eof ID8d8 at a t188 wb8a tbe UN
thereof va. not ¡ovented by City ordinancee. and in order to
coopaX'ate with the City of Salina and all it. official.. 18
tbe prC80tloa of the bealth. ..t)'. .orala ed .....a1 ..1-
far.. petitioners re.pece£ully request:
(a)
Continuance of and uae of .aid premia..
until not later than September 12..1961. althou¡h
such UN doe. not conform with the zoning ordl-
nancea of Salina.
Sec. n.
(b)
special perrdss1on of the Board for con-
tinued use of .ald premi... by the pe~ltioQ8r.
under such conditione a8 the Board may 1&apo...
Sec. 13. ibeœ 13.
(e)
Amendment of the zoning o~dlnance. to the
extent of permitting co!1tinued use of said
premises until September 12.1961.
See. 21.
(d)
Autho~ize sw:h limited continued use and
thereby prevent ~~n.cessary hardship and fln-
ancial 108. to the petitioners, £0 that 6ub-
stantial justice be done.
fee. 23 . 1 tem 3.
Re6peetfullyauòcitted.
ROYCE. HAMPTON. DU~IiAM, ROYCE la BMGLltWJf
BY:
Attorneys for Petitioner.
- 3 -
5 tate of Kan.as
Saline County
)
)
)
..
I, P. J. a...... being duly IVOm .tate that 1 be..
read the above Al88od8d Petition and that tb8 alle..U..
therein containe4 øe true to the belt of frJ kDowle. 8IId
beHef.
F. J. Reames
Subscribed to and swom to before me. a Hotar, Public
in and for .aid County and State. th18 ----- day of Au~.t,
1956.
Notary Public
M1 Commil8ion expire,:
- l. -
TO TRE BOARD OF C In Co...ISS ION&1\S OF SALINA. l<ANSA8
MflNDBD PETITION
COGI8 now P. J. a8...S and C. L. Smalley. J¡:.. _d for
thel¡: Amended Pet1tloa states
1.
On September 12. 1951. petitioners neaot1ated an aar"-
ment with C. N. Hoffman, agent for Leah Worsley and Claire Dell
Hoffman. whereby it was understood that petitioners would ac-
quire the use of a tract of unimproved land which 18 now
bounded on the north by Cloud Street. on the west by lI.a8..n
Street. on the south by U.S. Highway 81 by-pan. and on the
east by Hagaman School; aa a part of said agreement. the parti..
executed a written lease which is recorded in Book 57 at Page
254 of the recorda in the office of the Registar of Deeds of
Saline County. Kansas.
No part of said land was tb8n within
the city limits of Salina. Kansaa.
2.
~diately thereafter. petitioners took possea8ion
of said tract of land and made substantial expenditure. of
money to establish thereon Traco Trailer Court.
petitioners
installed, at their expense. a sanitary sewer system consist-
ing of an eight inch sewer line extending south from Cloud
Street onto and along the east side of aal.d premises. with
lateral lines extending west therefronl, and with risexs there-
froJl which now serve sixteen trailer houses on the east one
hundred feet of said tract of land.
All other sanitary re-
quirements were installeù by the petitioners. including vater.
sewer and gas lines, plumbing, electrical. and garbage dispo8al
- 1 -
facilitie.. lighting, telephone. drainaae. hard8urfactDa and
other iaproV8l88Dt. to adapt Mid pr_b.. to their u.. al .
modem trailer court.
All of luch tmprOY8m8nt8. and all equip-
_at uled in the operation of Traco Tran.r Cow:t. bee- the
property of the 18Ddlord8 on S.pt88b81' 12, 1961.
.8Ut1o8ø1
ar. obl1&ated to pay Dot 18.. than as:>.OO pel' mocath JllRtM8l.lk
a. rental fo:,: .aid pr8llli....
3.
Thereafter. the Board of Education of 8alina erected
Hagaman School and said leased premises were annexed to the
City of SaUna.
4.
In 1955, without actual knowledge of the petitioners
that said leased premises had been taken into the City lim1U,
petitioners completed sixteen are. units along the east .ide
of said lea..d prlmi.... South of the LaWtderette building at
Cloud Street. each unit beiag not leD. than twenty feet north
and south and not le.s than thirty-five f.et east and west.
some of which units are near Hagaman School.
After completion
of said sixteen units Building Inspector Johnson advised
petitioners of the necessity of making application for a
building permit, by letter dated September 20. 1955.
Im:nedi-
ate reply thereto was ~~de by petitioners acknowledging their
ignorance of the fact that said leased premises had be8n annexed
to the Ci.ty of Salina, and on September 3O. 1955, petitioners
filed application foo: a building permit which was denied on
October 4.1955, according to letter written petitioners by
Building Inspector Johnson.
Otherwise. petitioners never
applied to or appeared before the Building Inspector or the
City Planning Commission.
- 2 -
5.
Without waiving their right. re1atin¡ to ..1d pce-
mi.e. and tb8ir 1.... thereof made at a U.. wben the \&..
thereof we. not governed by City Ordinance.. cd in or4ø' to
cooperate with the CIty of Salina aD4 .11 it. offic1ala. 1a
the prO8OtiOQ of the b8<h. aafety. 1801'818 _d """'81 wl-
far.. petitioner. r..pectfully r.qua8t:
(a)
Continuance cf and use of .aid premiae.
w\til not later than September 12,1961. although
such use doe. not conforœ with the zoning or4i-
nances of Salina.
Sec. 15.
(b)
5p8cIal permission of the Board for con-
tinued us. of 88id premiae. by the petitioner.
under such concU.tion8 a. the Board ..., impa.e.
See. 13. item 13.
(c)
Amendment of the zoning ordinance. to the
extent of perœitting continued u.. of said
premia.. until september 12,1961.
Sec. 21.
(d)
Authorize such limited continued use and
thereby prevent unnecessary hardship and fin-
ancial loas tQ the petitioners. so that sub-
stantial justice be done.
Sec. 23. item 3.
Respectfully submitted.
ROYCE. HAHP'ION. DUNHAM. ROYCE 6 ENGLEMAN
8Y:
Attorneys for Petitioner.
- 3 -
Stat. of KaD...
Saline Count)'
)
)
)
8.
1. P. J. U".. being duly 8WO1:n atat. that I ba..
read the above -'-ndec1 P.tition ao4 that the a11...t1O88
tM1'8i.n coatalne4 are true to the ben of 87 kDowledp 8DCi
belief.
F. J. Reames
Subscribed to and 8Worn to before me. a NotU'y Public
in and for laid County and Stat.. this - day of Augu.t.
1956.
t~otary Public
~ Commission expire.:
- 4 -