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Nov-24-58A ® 2 drainage situation, he added that one dry well is con- sidered sufficient for 2�`acres, the cost of which is 'drealted toward the' $,.500.00 an acre presently in effect. Moved by Commissioner Rodrigues. that the use permit be granted subject to the standard conditions; second by Commissioner Fischer and carried 5 - 00 Kensal. Construction Co, 1Ipplication for rezoning from Bmf mB-2 .to allow lots of about 7, 000 : sqv ft, :; 25 acres less 10 acre school site; about 60 lots; west side of Blaney just south of Warkman and north of Bollinger. Second hearing. .,reresent.ative of Mensal Construction Company called attention to the date of their applica.tio and sld he was of the opinion that the decisionmust be 'ren . de'lled within 30 days. Mr. Anderson stated that the rezdh-1ng procedure is described in the -Government Code and requires two readings of an Ordinance plus a lapse of 30 days thereafter, In addition the 'City'Ordinance provides for two hearings before the Planning,Commision, This means approximately`3"months before the' rezoning if granted, becomes.f inal Mr°. -Myers explained that the Ordinance sections describing the variances indicate that the purpose be confined to exceptions rather than involve an entire` application. At this point the Commission agreed to request a, joint meeting with the City Council in order.: to=dete�°mine the policy questions, specifically rezon'zng for commercial purposes and rezoning for residential lotsb �� Cm Tro Jan Const.ructa.on Co..* App icat.�:cn far, rezoning from R-1;:B®2t6 B-1 accomodating 7,700 sq,,fta lo.tse Four acres; 17 lots; eastern extension- of S1l:verado Aven"U.0 Second hearing. Mrg Birchfield arose to say that he represented the applicant and that their application was first I filed: in Junes He remarked on the major changes af`fecter� zn the map and some of the reasons therefore by gray of coming to his request for immediate action Commissioner Leonard said the Commission:vsasn the Positionofof lacking the latitude to grant this application, as well as others before its The map presently before the Commission contained 1.6 lots of which 12 were larger than 8,060 sq, E°tV� each; 'the 4 remaining amounted to "7,750 sq. ft.; apieceQ 'Mr., Myers said he could recommend a variance of 50 f;tq on the four lots Mr; Birchfield, representing the applicant, was insistent in his request for an immediate deci."eton„ Further discussion was thus obstructed" aid Commi''ssioner Rodrigues moved to rescind the earlier motion a.sl applied to Trojan Construction Company; second by Commissione Cali ,-,.and.., carried 5 - 0,,Moved by Commissioner Fischer to deny the application, second by CommissionerCali carried j �, 0m G. Ja.ck, . Lyddon a Application to rezone Old Cuper:u i o School Property, Vista and Stevens Creek Blvd., from 'A` "3-H t,o C -1-H. Second hearing.o Mr. Lyddon requested commercial zoning on approximately 5 acres of land. He committed himself. to improving the property according to the specifications.of the C:ity- This, he realized, would include road dedication, road: improvements, gutters,: curbs and sidewalks, plus City .; requirements for. storm.,drainage, sanitary s"ewers, ec. In addition he promised to clean and landscape the pro- perty and raze the Old School building, He.felt that the expense entailed on the above would entitle him to a 0--1-H zone on the property o missioner Calisaid that the. same requirements mp:(31ar. on previous applicants thdAd be enforcOd with pgar," o ".o .ddon Specifically, he ,.obs.erved that all -3- prior applicants have been asked for actual development plans as a cfondi ion of rezoning and he said he could see no distinction between this application and any others Mr. Lydon stated that at least one neighboring owner is in favor of lois applicat.iob, namely Patel Swanson, who v6ftfled t�lis by having Al .14oilarid present to say that their would iike a unifor:�. curbing and street section as well as weed abatement, etc. Commissioner Cali .asked Lyddan why he did not clean up the property immediatelyv to .wh, c<h. he rep -lied that he was not in a ftiaanc.al. position oto do t�. s ,without .a guarantee of rezcin n g'. Commis .over Rodrigues said that the poli.cy''of. the past would prohibit the rezoning Mr'. Lydden acknowledged the -fact that he has no i. mediate plans for theproperty6 Oommissi,oner Fischer suggested that the a; plioatilon be tabled fob further thought, qtr, Lyddozi. then asked for a decision on'the : ear p °cr e :ter which is prese-ntl being �: ed tri the Soh.00l, D!8triot for Lts bus operation. Commiss 6per Cr°a:ft ratedthat the gran ' g *oft C-lmH on the back' would. automatically mean that the front would be the sa es Moved. by Commispioner Rodrigues that a 'oontinuet_ion be given.,the application; second by Commi s8i6her° 0411 and. carried 5 - Oa SIGN OR� �� ,INCE (TT) After some discussion it was moved by Gommissiane . .Rodrigue_s that the prese.rt draft be reoommended a.s a` s ign ordinance,, second by .Commissioner Cali and ca. -r ed 5 4" ADJOURNMENT 10-30 P o M o Respectfully submitted,,' 11.dm nistrato.r-C,1erl