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2 1.0 10/7/63 <br />ill. Ur, J.H, Taylor, 5032 W.70th St., told Council he objects to having to come to <br />Council Neeting continually, to fight proposals for commercial enterprises; that he <br />is afraid that if Lodge is able to build in this area, commercial interests will be <br />able to force the zoning of the entire area for commercial and industrial establish- <br />ment s . <br />Temple as a "change" from residential use, Hr. Hite asked that it be made clear that <br />the Planning Commission feels this operation is comparable to that of a church and <br />will not be detrimental to a residential area; that the Commission does not regard <br />this useage as either commercial or industrial use of the land, Mr. Hyde added we <br />have never had an application for use of the tract for either single family or <br />double residences, <br />he feels the Planning Commission took action only because the option of the Hasonic <br />Lodge was about to expire. <br />investigation on the effect of the proposed Masonic Temple 0; property values in <br />the neighborhood; that real estate people tell him that if the property must be <br />other than residential neighbors would be better off to have office buildings, <br />where the business is done during the day. <br />the Planning Commission and the Council; that he feels there is no necessity for <br />changing the zoning of the area immediately next to this property, simply because <br />the Nasonic Lodge is located at this site, <br />the south of this*tract. <br />south will develop for residential use; however, the property along W.70th Street <br />will be for multiple dwellings. He added that each owner in this area has made a <br />request to the Commission for at least multiple family dwellings. <br />Mr. R. 17. Doyle, 5028 W.70th St., reported that in 1961he had purchased his <br />property after speaking with Messrs. Hite and Todd, who told him at that time that <br />the property on N.7Oth Street was zoned residential and that they felt they could <br />guarantee this use south to 74th Street. <br />Industrial District, Office Building and Nultiple Residence Zoning on the Nelson <br />Farm, explaining that M.7Oth Street residents had agreed to this because they had <br />been told that this rezoning would make it easier to maintain R-1 zoning on I.1.70th <br />Street. Saying that only three members of the Commission had voted for recommend- <br />ing this proposal to the Council, Mr. Doyle requested that the proposal be referred <br />back to the Commission for a vote by all members thereof, after proper evaluation <br />determining parking lot size and the exact site ofcthe building. <br />understand why the Masonic Temple cannot be located in an area already zoned for <br />this type of use, Mr. Doyle asked that, in the interests of the residents on W.70th <br />Street, this zoning not be made, He added that the N.7Oth Street homeowners are <br />so concerned that they have retained counsel to protect their rights; then <br />introduced Attorney David F. Fitzgerald, who 'cited several recent zoning cases in <br />support of the contention that, while property owners do not have any contractual <br />right to have zoning remain as it is, they do -have a right to rely on continuance <br />of such zoning providing the land is suitable for the uses in such zone--and that <br />there is no reason why this particular land is not suitable for Tesidential zoning. <br />Village Attorney Hasselquist , stating there seems to be a misunderstanding on <br />the part of the residents as to the type of zoning they enjoy, reported that their <br />entire area (and most other areas of the Village) are not zoned llresidentialll, but <br />"open development" district-which district includes operations comparable to that of <br />the Masonic Temple-schools , churches , parish houses, grange halls. <br />Mayor Bredesen inquired as to whether a permit could be issued without any <br />zoning, and lilr. Hite answered he feels that an interpretation of the Ordinance is <br />needed, here, inasmuch as "grange hall" is definitely listed as one of the permitted <br />uses, whereas "clubs and lodges" are not so listed. <br />which will not be used for the building and parking lot. <br />entire corner will be very expensive to maintain. I4r. Hite reported that the Masons <br />do not need the entire tract, and do intend to sell some of it; that the Zoning will <br />apply H to only that portion of the tract needed for their building, parking lot <br />and access. <br />to dispose of "the Westerly part of the area. <br />Trustee VanValkenburg moved that at the next Regular Heeting, being October 21, <br />this Council consider an amendment to the killage Zoning Ordinance to establish an <br />''Institutional Districtf1, and that Hearing on petition of Masonic Lodge for Rezoning <br />be continued to October 21. <br />Saying that at least two persons have already mentioned the proposed Masonic <br />Mr, Bill Duggan, whose mother owns property at 5020 W.7Oth Street, told Council <br />He added that, since that the he has made some <br />tiayor Bredesen informed audience that zoning has been taken seriously by both <br />Trustee VanValkenburg inquired as to the plans for use of the area directly to <br />Mr. Hite reported the Commission feels the property to the <br />He reviewed for Council the "Planned <br />I Saying he cannot <br />- <br />A lady asked about the Masons' future disposition of that part of the property <br />She added she feels-this <br />Mr. Hegman confirmed Mr. Hite's statements, saying the Nasons expect <br />Motion seconded by Rixe +nd carried. <br />COUNCIL REZONES "TRACT H", REGISTERED LAND SURVEY NO.' 1050, FROI-l PLANNED INDCSTRIAL <br />DISTRICT TO OFFICE BUILDING DISTRICT. <br />Rauenhorst Construction Company for the Rezoninn from Planned Industrial District <br />Public Hearing was conducted on petition of <br />to Office Building District- of- "Tract HI1, Registered Land Survey No. 1050--lo,cated <br />at the Northwest Corner, Boundary Blvd. and Computer Avenue, <br />of Publication and Posting, which were reviewed and ordered placed on file, Planning <br />Director Hite reported the Planning Commission has recommended favorably on the petition. <br />No objections were made from the floor, and none had been filed prior to'Hearing, Tupa <br />offered the following Ordinance, moving that Council dispense with second reading and <br />Clerk presented Affidavits