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• <br /> 44 <br /> February 13,19/5 <br /> before the Council,the decision of the Council would be considered to be <br /> arbitrary and capricious,and could possibly be voided. To-avoid the pcs- <br />• sibility of making such void decisions,it is important that the Council <br /> • set forth the facts on which it will base its decision. <br /> Reid Shockey,Chief Planner,said the Planning Commission had met on Janu- <br /> ary 29th on Mrs.Adrian's request to rezone the east side of Colby from <br /> Von=PgyrIg=::."A: =11innIT:gm=sTOnctu?d'u1=Xiderie; <br /> I• the request for the following reasons' <br /> 1. Incompatible with the present land use plan. <br /> 2. No evidence in a change in the area to warrant a rezone. <br /> 3. Eo scarcity of existing E-,ProPertY in the area. <br /> 4. There was a negative consequence to other ProPernY. <br /> William Root of the Planning Commission,'R.V'. PrOPeS,Y.t <br /> 1913 Colby,Arch Baer of 2002 Wetmore,and Mrs.Harry Nelson of 1921 cony, <br /> spoke against the rezone. A letter from Dr.Wendt,a member of the Planning <br /> Commission opposing the reeone,was also read.. <br /> rgXellr."OnC'Henlerr==5cgall::121;gkceoT=0;17.!or <br /> • <br /> • Councilmen Aldcroft,Langus,and Ebert all felt that this type of zone was <br /> proper for this area,and Mrs.Ebert remarked on an area in Seattle where <br /> there wete shops,churches and residences,and all very coePatibln to es.sh <br /> other. <br /> Moved by Councilman Langus,seconded by Councilman Michelson to conclude the <br /> hearing. <br /> ratlartedr=d4=illUnIfkelcWhott:d ""'t"""1"r C'P""hc <br />• Motion Carried <br />• Moved by Councilman Langus,seconded by Councilman Aldcroft to instruct the <br /> City Attorney to prepare an OrdinanCe rezoning Lots 5 threugh BloA 379, <br /> and Lots 1 through 16,Block 424,-Plat of Everett DiviSion B,from R-3, <br /> Multiple Family Low-Dnsity,to B-1,Neighborhood Shopping Zone,and to <br /> I change the comprehensive land-use plan. <br /> rithrWhoc:11:2 trn110=1=CIPtOrmgcat=edc." " <br /> ci ""c"r"C <br /> Motion Carried <br /> • <br /> PROPOSED LEASE <br /> Moved by Councilman Aldcroft,seconded by Councilman Longue to authorize the <br /> Mayor to sign a lease with James Scott Rhodes,Sr.for a pOrtion of the land <br /> adjacent to the sewer lagoon. <br /> Roll was called with all Councilmen voting yes. <br /> Motion Carried <br /> • <br /> • <br />