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<br />44 <br /> <br />TUESDAY <br /> <br />AUGUST 24, 1965 <br /> <br />By written report dated August 16, 1965, the Planning Commission reaffirmed <br /> <br />to Council its May 10th recommendation that the petition requesting ItC-2 <br /> <br />Commercial" zoning of the north side of East Church Street, between <br /> <br />Starling Avenue and Oakdale Streets, be denied, which initial recommendation <br /> <br />Council took under advisement pending a review by the Planning Commission of <br /> <br />this matter. The Commission stated that there is as yet no substantial <br /> <br />evidence of a need for the rezoning as requested and, too, that in its <br /> <br />opinion it does not have the authority to place upon the petitioners any <br /> <br />requirements other than those set forth in the zoning ordinance as a <br /> <br />condition of rezoning (this latter portion having to do with the reported <br /> <br />willingness of the property owners to observe a set-back not required for <br /> <br />such zoni~g, relating to Council's expressed desire to widen this block of the <br /> <br />street for which additional right-of-way would be required). As to the legal <br /> <br />aspects of such a conditional rezoning, i.e., imposing a set-back not required <br /> <br />in the City's Zoning Ordinance, Council referred this matter to City Attorney <br /> <br />Cubine for his opinion. <br /> <br />With reference to the complaint filed at Council's August 10th meeting by <br /> <br /> <br />residents of Firrt Street, viz., broken sewer main, City Manager Hirst and <br /> <br /> <br />Public Works Director George W. Brown reported that, while the sewer line <br /> <br />grade is adequate, some minor repairs correcting a few faulty joints in the line <br /> <br />are needed, as well as the replacing of a man-hole in the street and the <br /> <br />replacing of a small section of the line, all of which are scheduled in the <br /> <br />Public Works Department's work-program. <br /> <br />Council was reminded of its re-scheduling its first meeting in September to <br /> <br />September 7th. <br />