PC 08-14-67
10300 Torre Avenue, Cupertino, California 95014
Phone:
252-4505
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FC-17 80,000.4
CITY OF CUPERTINO
California
MINUTES OF THE REGULAR MEETmG OF THE PLABNING COMMISSION
August 14, 1967 8:00 I'M
Held in the Council Chamber, City Hall, 10300 Torre Avenue, Cupertino, California
I SALUTE TO THE FLAG
II ROLL CALL
Comm. present: Bryson, Frolich, Hirshon, Horgan, Buthenuth
Comm. absent: None
Staff present: City Attorney, Sam Anderson
Director of Planning, Adde Laurin
Director of Public Works, Frank Finney
City Engineer, Bob Shook
Assistant Planner, Jim Nuzum
Recording Secretary, Lois Inwards
III MINUTES OF PREVIOUS MEETmG, July 24, 1967
Moved by Comm. Hirshon, seconded by Comm. Bryson, to approve the
Minutes of July 24, 1967.
Motion carried, 5-0
IV ANNOUNCEMENT OF POSTPONEMENTs, etc.
81,004 Due to an unusually heavy work load these past three weeks, the
Planning Director requested Ordinances 220(i) and 220(j) be post-
poned for two weeks to allow time for further study.
Moved by Comm. Bryson, seconded by Comm. Hirshon, to postpone
Items G & H, Ordinances 220(i) and 220(j), to the next regular
meeting.
Motion carried, 5-0
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Minutes of the Augus, J.4, 1967, Planning Commission M...· _ .;ing
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V WRITTEN COMMUNICATIONS:
81,005 A. Application of Clarence Tressler to County for Use Permit
(6P67.9) for equipment storage yard on south side of
McClellan Road between Linda Vista and Rae Lane.
The Planning Director said the County Planning Commission had post-
poned this matter until this coming Wednesday, to give Cupertino
Planning Commission a chance to review it and make recommendations.
Comm. Hirshon commented that the County Planning Commission should
be made aware of What developments are taking place in that area.
Moved by Comm. Hirshon, seconded by Comm. Frolich, to recommend to
the County Planning Commission that the Use Permit for an equipment
storage yard, under application #6P67.9, be denied because it would
be incompatible with the surrounding neighborhood. However, if it
were granted, a time limit should be imposed.
AYES:
NAYS:
Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth
None
Motion carried, 5-0
14-z-67 B.
6-v-67
The Planning Director announced communications from the City of
Sunnyvale in regard to applications 14-z-67 and 6-v-67 on this
agenda, which will be brought up at the appropriate time.
81,025.81 C.
A rezoning for apartments in an area at Foothill Blvd., adjacent
to the City of Cupertino, will be heard before the Planning
Commission of the City of Los Altos, at 8:15 P.M. on Thursday,
August 17, 1967.
Moved by Comm. Hirshon, seconded by Comm. Frolich, to direct the
Planning Director to attend said meeting.
Motion carried, 5-0
81,001 D. The Planning Director called attention to his memo of August 8th
forwarding to the Planning Commissioners his compilation of a
"Land Use Inventory and Area of Zones".
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MinuteÞ of the August 14, 1967, Pla.nnit'>b Commission Meeting
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VI VERBAL COMMUNICATIONS
80,000.3 The Planning Director said the Joint Meeting of the City Council and
the Planning Commission, which was scheduled for Wednesd8¥, August
16th, at 7:00 P.M., has been postponed until sometime in September,
due to conflicting vacation dates, etc.
VII HEARINGS SCHEDULED:
10-TM-67 A. NELLIE F, MILJARAK: TENTATIVE MAP, approximately one acre
located west side of Mount Crest Drive at extreme south end.
First Hearing continued.
Mr. Neil Chase said he was representing Mrs. Miljarak, 255 South
San Tomas, Campbell. In his discussions with the Fire Marshal, he
was advised to hold the grade of the street as close to 15~ as
possible. In addition, he noted they are 175' from a fire hydrant.
There will be ample turn-around space to accommodate a fire truck,
if' needed.
Mr. Chase commented that there is a 3~ grade leading up to a house
at the top of the hill, and no ample turn-around space. He assured
the CODmlission that compliance of all specif'ications will take place
at the time of development.
The Planning Director quoted the following letter from the Central
Fire Protection District: ".... .that this common drive will be
twenty feet wide with at least sixteen feet of hard surface material
capable of withstanding 30,e00 pounds vehicle weight. The driveway
may be a little more than 15~, and the houses will have a common
turn-around area between the two houses capable of parking four
vehicles plus four fire trucks. If this is ture, this department
can grant fire clearance to the subject parcel."
The Director of Public Works suggested a condition, if the map is
approved, not to exceed 17'{. grade. In regard to the 3~ grade the
applicant referred to, that home was built on an existing parcel
and the City had no control over it. He emphasized that anything
in excess of 17'{. should be made of concrete, preferrebly grooved
concrete. He suggested that perhaps another site grading should
be considered here.
Comm. Hirshon asked about the possibility of ingress through the
Williamson-Wooley property. Mr. Chase said that possibility has
been explored and rejected. The Planning Director agreed that it
would not be feasible at this stage.
Chairman Buthenuth asked for comments from the audience. There
were none.
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Minutes of the Augu"t 14, 1967, Planning Commission '~.eeting
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Moved by Comm. Bryson, seconded by COIIIDI. Horgan, to close the
Public Hearings.
Motion carried, 5-0
Comm. Frolich remarked that, inasmuch as the Fire District did not
make clear what they meant by "a little more than 15~" in their
written communication, the suggestion of a grooved concrete drive"ll'a¥
should be acceptable. He noted that the driveway isnt t so long that
a "less than 2CJ{." grade would be too much problem.
The City Attorney called attention to the Subdivision Ordinance,
wherein it states the matter of roads in a proposed subdivision
would be proper to determine at Tentative Map time.
Comm. Hirshon felt 17'fo would be acceptable, with the understanding
that any addition to that figure would have to have the approval of
the Central Fire District. There followed a discussion of whether
this would constitute a division of power. Comm. Frolich felt it
should be left at 17'fo for the present.
Since it was obvious at this point that the applicant had more to
contribute to the discussion, it was moved by Comm. Hirshon,
seconded by Chairman Buthenuth, to reopen the Public Hearings.
AYES:
NAYS:
Comm. Hirshon, Buthenuth
Comm. Bryson, Frolich, Horgan
Motion failed, 2-3
Moved by Comm. Hirshon, seconded by Comm. Frolich, to approve
application 10-TM-67, with the condition that this common drive
will be twenty feet wide with at least sixteen feet of hard surface
material capable of withstanding 30,000 pounts vehicle weight;
further, that the driveway will be no more than l7'fo grade, and
there will be a common turn-around area between the two houses
capable of parking four vehicles plus four fire trucks.
AYES:
NAYS:
Comm. BI':J'Son, Frolich, Hirshon, Horgan
Chairman Buthenuth
Motion carried, 4-1
Chairman Buthenuth informed the applicant that this application
will come before the City Council on Monday, August 21st.
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Minutes of the August 14, 1967, Planning <.;ommission Meeting
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~4-z-67 B. DANICA KOMENOVICH (FRANK KOHLES): REZONING from
Residential Multiple (R3-2.2) to General Commercial
(CG), 9600 sq. ft., located south side of Homestead
Road, adjacent to easterly boundary of Homestead
High School. Second Hearing.
*** and ***
6-v-67 C. DANICA KOMENOVICH (FRANK KOHLES): VARIANCE from
Ordinance 220(2-1) Sec. 1:1 c-2 restricting the
number of dwelling units per lot to 20; and from
Sec. 1:1 c-3 restricting the number of dwelling
units per groSS acre to ~6. 137 units are proposed
on 7.87 acres grOSS area, ~ocated south side of
Homestead Road, adjacent to easterly boundary of
Homestead High School. Second Hearing.
The above two app~ications were discussed concurrently since they
concerned the same project.
Mr. Frank Kohles, 487 University Avenue, Palo Alto, presented
copies of the revised plan. He said there was some discus-
sion at the first hearing on the proposed commercial property
fronting on Homestead Road. Mr. Kohles said the building will
be facing the entrance driveway. There wi~l be six parking
spaces, since the Speedee Mart will be oriented chiefly to
foot traffic from within the complex. Heavy landscaping and
the building materials will tie in with the complex. If more
parking should be required, six more spaces can be acquired
through reduction of the ~andscaping. The building is set
back far enough to allow for future widening of Homestead Road.
In regard to the dwelling units, Mr. Kohles said no building
will be over 50' from the center drive. From the standpoint of
fire protection, any building can be reached. When specifically
asked, Mr. Kohles said they would abandon the project if this
were anything but a private drive.
The Planning Director quoted the fol~owing from a letter from the
Central Fire Protection District and noted that it was worded
quite strongly: ".... .we object to this type of deve~opment for
the following reasons; ~) Access to at ~east one side of some
of these buildings is almost impossible for fire apparatus;
2) Allowing two cars per unit, the parking areas are not large
enough to accommodate visitors who may be attending parties,
etc., these people would park in the streets and make ingress
and egress almost impossible; 3) The one way streets are poor
unless at least eighteen (18) feet of trave~way each direction
are provided with no parking at the curbs; 4) The dead end
concept is poor. All traffic must egress and ingress at
Homestead Road and in the event of a conf~agration this obviously
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Minutes of the ß\lgUst 14, 1967, Planning CommisB~"n Meeting
would not suffice. Noranda Drive should connect at the rear; 5) The
private street is poor because of the following: (a) Control by public
agencies is not possible; (b) People can park in front of hydrants,
block ingress, etc., and police cannot control this on private roads;
( c) The hydrants and water mains are private, therefore maintenance
is poor and water flows are reduced because of required meters on
private systems; (d) Streets would be sub-standard; 6) If the com-
mercial area entrance is from the private road only, this would tend
to conjest the entrance drive even more."
The Planning Director said that he realized the problems stated in
Chief Severns' message, but that it may be possible to solve some of
them. The concept of larger lots with private streets is being used
more and more, and it has several advantages. We should try to
develop policies and standards for private streets.
The Planning Director mentioned that Cupertino's Official Neighborhood
Plans show Noranda Drive extended, and introduced a letter from the
Sunnyvale Planning Officer: " . .. the unanimous recommendation of the
members present that the Commission go on record in opposition to the
convenience center and to recommend that the street be connected to
Noranda Drive in Sunnyvale."
The Planning Director then demonstrated five schematic plans, il-
lustrating the number of dwelling units permitted with various
concepts of divided or undivided lots and public or private streets.
Mr. Kohles said that, with 274 parking spaces, he believes there is
an over-abundance of parking spaces because not all the people will
have two cars and all be at home at the same time in such a large
complex. He felt this kind of project would retain its high level
of maintenance. He said he would not consider any connection with
Noranda Drive in Sunnyvale.
Chairman Buthenuth felt 279 parking spaces would be adequate.
However, he noted the plans showed carports and the Ordinance calls
for one garage and one open parking space per dwelling unit. Mr.
Kohles said the plan was to keep the clutter out of the garages by
eliminating the garage doors, which are usually open anyway, and
instead, provide private storage areas at the far end of the carports.
Comm. Frolich wondered what was unique about this proposal, to
justi~ lowering the parking ratio, relief from the City standards of
streets, and increased number of dwelling units in the project.
Chairman Buthenuth was concerned whether a moving van could get in
there; and asked about postal delivery, water meters, speed and
parking control. The Director of Public Works would prefer a
public street to a private street for the above reasons.
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Minute!' ,f the August 14, 1967, Planning Jommission Meeting
It was noted that this project would be subject to Architectural
and Site approval. Comm. Hirshon asked if the entire development
depended upon the commercial zoning for the proposed convenience
market. The applicant answered that it did.
Moved by Comm. Bryson, seconded by Comm. Horgan, to close the
Public Hearings.
Motion carried, 5-0
Comm. Bryson said he was definitely against zoning property to
commercial where it constitutes spot zoning. He noted that we
have unused commercial property in this City. Both Sunnyvale and
Cupertino are against spot zoning.
Comm. Hirshon was concerned about the policing of a private street
in a large complex. The fire truck problem has not been solved,
and he had reservations about the commercial area as presented.
Comm. Frolich reviewed the following requests made by the
applicant:
l. Commercial zoning.
2. Variance of maximum dwelling units per lot.
3. Variance of maximum dwelling units per gross acre.
Moved by Comm. Bryson, seconded by Comm. Hirshon, to deny applica-
tion 14-z-67.
AYES:
NAYS:
Comm. Bryson, Hirshon, Buthenuth
Comm. Frolich, Horgan
Motion carried, 3-2
Moved by Comm. Hirshon, seconded by Comm. Bryson, to deny application
6-v-67.
Comm. Frolich wanted it noted in the record that he was not against
the rezoning or the Variance permitting more than 20 units per lot,
but that he objected to higher density than 20 dwelling units per
net acre or 16 dwelling units per grOSS acre.
AYES:
NAYS:
Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth
None
Motion carried, 5-0
Chairman Buthenuth instructed the applicant of his right of appeal .
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Minutes of th" August 14, 1967, Planning Commi~~ion Mèeting
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Chairman Buthenuth .zalled for a recess at 9:50 P.M. The meeting
reconvened at 10 P.M.
7-v-67 D. LOUIS H. SIDDONS: VARIANCE to permit a 4' chain link fence
where Ordinance permits a 3' fence. 19960 Pear Tree Lane.
First Hearing.
Mr. Louis Siddons, 19960 Pear Tree Lane, said that when he decided
to put up this fence, Sears said they would take care of any permits
or other requirements. They instaD.ed the posts one ~ and were
stopped on the second ~ while putting up the fencing.
Mr. Siddons agreed that a solid board fence could be detrimental to
the neighborhood, but he pointed out that this is chain link and he
did not intend to plant ivy or shrubbery along side of it. The
wø:y his lawn is terraced, a 3' fence would not do the job of keeping
the neighbors' children and dogs out of his yard. Mr. and Mrs.
Siddons and their grown daughter all work during the dø;y, and are
concerned about children playing, unrestricted, on his lawn.
The Planning Director said this application does not involve a
corner lot, but there seems to be no hardship involved here.
The 3' limitation was established for reasons of safety since that
height would not prevent a person exiting his drivewø:y from seeing
a child running along the sidewalk. Further, it would seem that
3' is high enough to discourage dogs and children fran entering the
yard. The Planning Director pointed out that a Variance is granted
to the property, not to the applicant; therefore, although Mr.
Siddons has no intention of growing plants or bushes on this fence
there is the possibility of a successive owner of the property doing
so. Lastly, granting a Variance in this case mø;y be viewed as a
precedent.
Mr. Siddons cited a precedent: a 6' wood fence in the front yard
on Blaney Avenue. (Planning Director's note: It seems that the lot
referred to is in San Jose.) Mr. Siddons also asked if the decision
on this Variance request was predetermined, quoting an article in
the Cupertino Courier. It was pointed out to the applicant that:
1) It would be in violation of the Brown Act for the Commissioners
to make a decision before the Public Hearing, and 2) The Cupertino
Courier is a private enterprise and, although it is the official
newspaper of the City in that it prints all legal notices of the
City, neither the staff nor the elected or appointed officials of
the City endorse articles in the newspaper other than those legal
notices. Quite often, the opposite is true.
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Minutes of the August 14, 1967, Planning vommission Meeting
The city Attorney wanted to explore the applicant's statement
wherein the store where the applicant purchased the fence had offered
to take care of the permits, etc. He noted that the is sue before
the Colllllission is to establish whether there is a hardship, based
on the question of whether or not the store did as they told the
applicant they would do. Comm. Hirshon noted that perhaps there
were unusual. circumstances here, involving the terraced lawn.
Moved by Comm. Hirshon, seconded by Comm. Horgan, to close the
Public Hearings.
Motion carried, 5-0
Moved by Comm. Hirshon, seconded by Comm. Horgan, to reopen the
Public Hearings when it became apparent someone in the audience
wished to be recognized.
Motion carried, 5-0
Mr. Joseph J. Hepburn, 19936 Pear Tree Lane, spokesman for some of
the neighbors in the area, wanted to know if the reason for this
4' fence was so that the applicant could keep his three dogs in
the front yard. Mr. Siddon said this hadn't entered his mind.
Mr. Hepburn then stated that chain link fencing looks institutional,
although he recognized that Mr. Siddon has done an excellent job
of landscaping and maintenance of his front yard.
Moved by Comm. Hirshon, seconded by Comm. Horgan, to close the
Public Hearings.
Motion carried, 5-0
Moved by Comm. Horgan, seconded by Comm. Frolich, to deny
application 7-v-67.
AYES: Comm. Frolich, Hirshon, Horgan, Buthenuth
NAYS: Comm. Bryson
Motion carrietl 4<iL
The staff was instructed to send a letter to the applicant informing
him this application will come before the City Council. on
Mond8¥, August 2l, 1967.
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Minutes of' the August 14, 1967, Planning Con.nission Meeting
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ll-TM-67 E. NORMAN J. NATHANSON (KAY HOMES): TENTATIVE MAP, approximately
37 acres located south of Junipero Serra Freeway and east of
proposed Mary Avenue extension. First Hearing.
Mr. Jad Kuzia of MacKay and Somps Civil Engineers, presented the
Tentative Map. He noted the property was recently rezoned to
Rl-7.5. He pointed out that the two access streets to Mary Avenue
have been approved.
In answer to Chairman Buthenuth' s question, the City Attorney said
that occasionally it is a requirement that a developer construct
off-site improvements to connect with existing streets.
The Planning Director said that this Tentative Map will decide the
horizontal and vertical alignment and the capacity and safety of
Mary Avenue, including the overpass over Junipero Serra Freeway.
The Department of Public Works and the Planning Department are
working with this aspect of the problem, including a field survey.
The result should be checked with the State Division of Highways.
We hope to be able to cOllplete this work before next meeting of
the Planning Commission. At that meeting there will also be
presented a Tentative Map for the property adjacent to the south,
which has a bearing on the problem. For these reasons, it was
requested that the hearings be continued.
Chairman Buthenuth asked the Director of Public Works if he fore-
saw any problems with cul-de-sac lots. The Director said we are
faced with the same problems we have been able to cope with
previously. The Ordinance says the building setback line shall be
60' in Rl subdivisions. This ma:y be difficult, but it can be done.
Comm. Hirshon pointed out that portion of roadway on the Tentative
Map labeled "State of California". The Director of Public Works
said the State owns a 30' right-of-way, improved to a width of 24',
which will be transferred to the City. It is important to get
additional improvements as a part of the development of the sub-
division. We should proceed with the assumption that there will
be a Mary Avenue overcrossing over the freeway.
Mr. Kuzia said Mr. Nathanson won't permit the excluded three acres
to be sold. Chairman Buthenuth pointed out that they won't have to
be developed or sold, but something must be noted for this area on
the Tentative Map to avoid any future problems; it could merely be
noted as Lot #l24.
The Director of Public Works said it is important to get street
dedications and improvements, not only along the proposed sub-
division but also along the property being withheld so that it will
connect with the Stoneson F . ',-tv. The City Attorney quoted the
Subdivision Ordinance. Mr. lkziac did not feel that the full section
of Mary Avenue would be necessary at this time, until the overcrossing
is developed. However, he said he would take this matter up with the
developer to see if an agreement can be reached between the developer
and the seller.
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Minutes of the August l4, 1967, Planning ,"ommission Meeting
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Moved by Comm. Frolich, seconded by Comm. Horgan, to close the
First Hearing.
Motion carried, 5-0
16-u-67 F. VALLCO PARK: USE PERMIT for electronics facility, east side
of Tantau Avenue between Homestead and Pruneridge, approxi-
mately 4i acres. First Hearing.
Vallco Park General Manager, Walter Ward, introduced the principals
involved in this project. Phase I will include a 12,000 sq. ft.
building. When fully developed, this company will have a total of
40,000 sq. ft. of buildings, which will be owned by Vallco Park
and leased to Intersil, Inc.
Dr. Jean Hoerni, President of Intersil, Inc., reviewed the type of
activity: research and development of semiconductors, transistors
and integrated circuits. He noted that this area has become one
of the major areas in the world working with solid state electronics.
Production is light industrial in nature, with a high amount of
technical and engineering labor. They plan to employ 40 to 60
persons the first year. The building will be expanded to 15,000
sq. f't. in l2 to 18 months and the second building will be con-
structed in two years. By 1970, they plan to employ 300 to 400
people, yielding five to eight million dollars.
Mr. Harold E. Garner, Vice President of Johnson and Mape Construc-
tion Company, said they have attempted to place most of the parking
to the rear of the property. Visitor parking will be screened
with an earth berm and planting. There are four fine walnut trees
on the property which they plan to retain. The building materials
will be of the high quality as required by Vallco Park. All
mechanical equipment on the roof will be screened.
Mr. Earl G. Troyer, LTB Associates, noted the building will have
very tight control over temperature and humidity. They must have
deionized water, oxygen and nitrogen. They are currently per-
fecting an acid neutralization system, and fume scrubbing for
control of toxic chemicals. These toxic gases will be contained
in a concrete block house in the back, which will meet all fire
regulations for storage.
Comm. Frolich asked about the proposed cul de sac to the south;
whether it would be put in escrow, to be dedicated to the City in
case the school site is developed as such. The City Attorney
advised the City does not have the power to enter into escrow,
anc. advised the use of the City as escrow agent. The Director of
Public Works suggested that it 'be offered for dedication; the City
would not accept it until needed. He also noted that improvements
are completed on Homestead Road and Tantau Avenue. His department
recommended approval of this application.
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Minutes of the August 14, 1967, Planning Commission Meeting
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The City Attorney had no objection to Mr. Ward's request for one
hearing, so this can go before the City Council on August 21st. The
Planning Director said the only planning problem would be caused by
a conversion of the school site to industrial zoning. If it is one
industrial lot, a 40' wide extension of the lot would suffice. If
there is to be more than one lot, a 40' public street should be
required. Mr. Ward suggested it be termed a non-dedicated street at
this time.
Moved by Comm. Frolich, seconded by Comm. Horgan, to close the
Public Hearings.
Motion carried, 5-0
The following condition was suggested:
"A record map will be submitted, offering for
dedication a 40-foot strip of land on the
northerly boundary of the property (20 feet
from Parcel "H" and 20 feet from Parcel "E")
and a portion of land at the southeast corner
of Parcel "H" necessary to complete the cul-de-
sac of Meadow Avenue."
Moved by Commissioner Horgan, seconded by Commissioner, Frolich,
to approve application 16-u-67, subject to this condition.
AYES:
NAYS:
Comm. Bryson, Frolich, Hirshon, Horgan, Buthenuth
None
Motion carried, 5-0
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Minutes ~_ the August 14, 1967, Planning \. _Æssion Meeting
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81,0G4 G. ORDINANCE 220(i) regulating Light Industrial (ML) zones.
First Hearing continuedo
This was postponed to the next regular meeting.
81.004 H. ORDINANCE 220(j) regulating Agricultural and Agricultural-
Residential (Al) zones. Second Hearing continued.
This was postponed to the next regular meetingo
VIII UNFmISHED BUSINESS -- There was none.
IX NEW BUSINESS -- There was, none.
X ADJOURNMENT
Moved by Comm. Horgan, seconded by Commo Fro1ich, to adjourn the
meeting at 11:30 PoM.
APPROVED :
/s/ John W. Buthenuth
Chairman
ATTEST:
Ootrh. ~~
Adde Laurin, Director of Planning
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