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6 /24 /63 <br />I 14INUTES OF THE REGULAR MEETING OF THE <br />EDILIA VILLAGE COUNCIL, HELD NONDAY, JUNE 24, 1963, <br />AT 7:OO P.H,, AT THE EDINA VILLAGE HALL. <br />Hembers answering Rollcall were E.lacHillan, Rixe, Tupa and VanValkenburg. <br />VanValkenburg presided in I4ayor Bredesen s absence. <br />Mr. <br />I.IINUTES of the Regular tleeting of June 10, 1963 were approved as submitted, by <br />motion Tupa, seconded by Rixe and carried. <br />PUBLIC HEARING HELD ON PETITIOX OF STOI.7 DEVELOPXENT COMPAHY FOR REZONING OF ~ <br />TRACT L, NELSON FAR1.I FOR FILLING STATIO:? PURPOSES : CONTINUED, <br />davits of Publication and Posting of "Notice of Hearing", which were approved as to <br />Clerk presented Affi- <br />I form and ordered placed on file, and pursuant to said Notice, Public Hearing was called <br />on the Petition of Stow Development Company for Rezoning of "Tract L", Nelson Farm from <br />Office Building District to use as a Gasoline Filling Station. <br />ation. <br />the proposed alignment of W.77th Street (or "Industrial Blvd." as it was repeatedly <br />referred to during the Hearing). <br />Building District" belt which lies between a "14ultiple Residence District" belt on <br />the North and the "Planned Industrial District" beginning on the South side of <br />"Industrial Blvd." and extending to the South Village Limits, all being a part of <br />the 200-acre tract knovm as the "Nelson Farm", owned by Stow Development Company. <br />14r. Hite explained in detail the relationship of this property to the industrial area <br />lying across Highway 100 and to the South, and to the as yet undeveloped property <br />directly across Highway 100, saying the Planning Commission recommends the same type <br />of zoning for the undeveloped property as the present zoning of the Nelson Farm--with <br />"Office Building District" and "Multiple Residence District" buffers between Planned <br />Industrial Zoning and already developed residential plats. <br />14r. Hite told Council that the Planning Commission has considered the requested <br />Villing station" useage for this land three times, and that each time it has <br />unanimously recommended denial of said useage; that the Commission believes that, not <br />only because of traffic but also because of the other characteristics of filling stations <br />which differ from ordinary commercial uses--hours of operation, lights, etc--the proper <br />place for a filling station is in the "Planned Industrial District" portion of this <br />development, completely away from all residential buildings. <br />Commission feels that should this land useage be permitted at this particular site <br />there is every reason to believe that equal consideration must be given to request <br />for the same land useage on the East side of Highway 100--which site is also close to <br />a one-family residential development, Nr. Hite reported that Planning Commission, <br />after its meeting of June 5 re-affirms its previous recommendations that petition for <br />rezoning to "gasoline filling stationt1 use for Tract L be denied and that the Commission <br />recommends a site in the Planned Industrial District for such filling station. <br />Nr, Josiah E. Brill, Attorney for Stow Development Company, told Council that <br />he and his client think the application should be granted as a matter of right; that <br />there is no valid reason for denying it; that the Council has no valid r.eason for <br />exercising discretion against the petition; that the Company owns land for 1500 feet <br />in every direction from the site; that nobody owns any land who can give valid <br />objection to the rezoning. <br />for a filling station for the planned residential area in the development, because the <br />site can be reached without crossing a heavily-traveled street. Mr. Brill stated that <br />the owners of the "Butler" property directly across Highway 100 have told him they have <br />no objections; that some twelve or fifteen building contractors who have spoken for <br />building lots in the residential part of Nelson Farm have stated they prefer the station <br />at this location rather than the location recommended by the Planning Commission. blr. <br />Brill told Council he does not want litigation on this matter, but that the land value <br />amount is-so considerable that litigation cannot be avoided if petition is denied--that <br />his client has been offered more than twice as much for land as filling station site <br />than for any other purpose. <br />station at this point would put another directly across Highway 100. <br />that this will depend on a number of circumstances; that the law has said that a <br />gasoline filling station, in itself, is not a nuisance; that he does not want to deny <br />there is a possibility of an additional filling station across the highway at some <br />future time. <br />Stating that upon =view of the matter of development of Nelson Farm he had <br />received the impression that when developers were granted industrial zoning they were <br />willing to accept a housing development immediately north of it, and that the filling <br />matter was dropped at that point, tIr, Rixe ask'ed if this were so. <br />that if anybody had asked at that point if developers were willing to waive all rights <br />for filling station he would have said no. <br />this a zoning that is a matter of legal right and that if Council does not act in <br />With the aid of a Vu- <br />-Graph Slide, Planning Director Hite reviewed the location of the tract under consider- <br />This tract is on the \lest side of State Highway No. 100, and the North side of <br />The tract is the eastern portion of an "Office <br />He added, too, that the <br />I <br />. <br />He added that petitioners believe this is an ideal site <br />Trustee VanValkenburg asked if Mr. Brill does not feel that permission for filling <br />Nr. Brill answered I <br />I4r. Brill replied <br />tlr. Rixe then asked 14r. Brill if he feels