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<br />~6 <br /> <br />TUESDAY <br /> <br />NOVEMBER 1 2. 19QJ. <br /> <br />of the residue of the Sally Earley Estate property on East Church Street <br /> <br />and a portion of the adjoining C. Y. Thomas Estate property---be approved, <br />with the exception of a 25-foot strip of land immediately adjacent to the <br />north line of Madison Street. The Commission also noted that it understands <br /> <br />that "an agreement would be made between Leverton. and Associates and the <br /> <br />present property owner 'olhich would include a clallse to the effect that if <br /> <br />the shopping center is not built within a period of 18 mC:rlths the said <br /> <br />property will revert to the present owner for residential purposes". Mr. <br /> <br />Douglas K. Frith, Attorney at Law, appeared before Council as counsel for <br /> <br />the petitioner as well as representative of the owners of the property <br /> <br />requested rezoned, and urged Council to accept the Planning Commissionts <br /> <br />recOlmnendation and proceed with a duly-advertised publi\~ hearing. Mr. VI. R. <br /> <br />Broaddus, Jr., Attorney at La"1, also appeared before Council as representa- <br /> <br />tive of a number of "downtownl1 business firms and citizens, reporting that <br /> <br />the Commission's recommendation wa3 supported by only thre8 of its seven menbers <br /> <br />and, in view of this, requested th':l.t Council re-refer the matter to the <br /> <br />Commission for a majority report. Council was informed, hOlvever, that at the <br /> <br />time the Commission fo~nulated its recommend~Gion there were only five of its <br /> <br />members present, one being its Chairman who does not vote on matters before <br /> <br />the Commission unless to break a tie vote and another disqualifying himself <br /> <br />because of personal interest in the matter, thus leaving only three members <br /> <br />voting and taking action on the petition. Upon motion, duly seconded, Council <br /> <br />(Councilmen Stone, Boaz, and Renick voting in the affirnw:':,i ve; Councilman <br /> <br /> <br />Burch voting in the negative; illld Mayor Wilson not voting) accepted the <br /> <br />Planning Commis~)ion' s recommendation subj ect to a duly-advertised public <br /> <br />hearing which Council directed be held at its next regular meeting, scheduled <br /> <br />for November 26, 1963. <br /> <br />