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<br />Mr. Osteen stated he would like to register his protest to the
<br />rezoning.
<br />Mr. Robert Frank, 829 Jefferson, Attorney for the applicant,
<br />stated a petition had been obtained bearing signatures of 23
<br />persons residing within 300' of the property, which favored —
<br />the rezoning. He also noted a petiti.on submitted to Planning
<br />Commission with 53 signatures, opposing the rezoning, and
<br />implied doubt as to their validity. He displayed a drawing
<br />of the area under consideration, indicating the portion under
<br />ownership of his clients, Mr. and Mrs. McMahon, and the
<br />adjoining Marsh Manor Shopping Center, owned by Mr. Delucchi.
<br />Site of the parcel for which rezoning application being made
<br />is the office of the Friendly Acres Water Co.
<br />He described the building intended to be constructed as
<br />having 4,000 sq, ft., single story, model commercial building
<br />designed for use as "off sale" liquor business, and produced
<br />a sketch of the proposed building. Existing buildings (Friendly
<br />Acres Water Company) would be removed, along with weeds and
<br />debris. He stated there was indication City wished to use the
<br />premises for a period of time, and that his client will
<br />cooperate. He felt there was no merit to the argument that
<br />since a vacant building already exists in the shopping center,
<br />there was no need for further commercial development. The
<br />building referred to was vacated by the supermarket which had
<br />outgrown it, and had recently moved into a newly constructed
<br />market nearby, Office space, he said, is available within the
<br />building, but there seemed to be no interest. The remainder
<br />of the building is vacant for the most part, he said, because
<br />Mr. Delucchi was selective and preferred one large tenant,
<br />rather than several small ones, He gave additional arguments
<br />in favor of the rezoning, and felt that the fact two outlets
<br />for off-site liquor sales already existed in the center was
<br />not an important factor and cited Woodside Road, where a number
<br />of such businesses exist and seem to do well in spite of
<br />competition. He added that in any shopping center are usually
<br />multiple representations of various lines of business. Finally,
<br />objection to intended use was not proper basis, he felt, for
<br />denial of the rezoning, since denial of the necessary Use Permit
<br />could be invoked if intended use was considered improper.
<br />He stated his client considered obtaining a good, economic
<br />feasibility study, but felt expenditure of $2500 to $3000
<br />would not be practical without rezoning. His response to
<br />the criticism that rezoning would lengthen the district
<br />and have an undesirable effect in creating vacancies, was
<br />that the applicant was the ultimate occupant of the premises.
<br />Because of the nature of the boundaries no matter how zoned,
<br />the property would remain a "strip". To set aside concern
<br />that applicant intended establishing a tavern, he stated appli-
<br />cation before the Alcoholic Beverages Commission was not for that
<br />type of business. He stated there was no truth to contention that
<br />his client held interest in several taverns. He concluded with
<br />remarks that rezoning would provide continuity in the zoning of
<br />the area and planned new construction would be an asset.
<br />Council questioned Mr. Frank on several points, and it was indicated the
<br />architectural drawing displayed was relatively factual, that some of the land-
<br />scaping existed, and additional would be installed, and at the request of Vice -
<br />Mayor Keckley, the drawing was submitted as part of the record. He later
<br />explained his reason for this request to have the architectural rendering entered
<br />and stipulated as to value, to provide a means of determining whether applicant
<br />fulfills his promise. It was also learned that Mr. McMahon had acquired the
<br />property approximately mid -1969. Prospects for use have been difficult because
<br />of the zoning.
<br />Mr. Len Wueraching, 48 St, Mary's Place, inquired as to portion
<br />of the property the building proposed would encompass and whether
<br />it would include present site of Friendly Acres Water Company
<br />buildings. Mr. Frank responded that present structures would
<br />be destroyed, new building would be 40' from property line and
<br />100' deep. Remainder would be paved and available for parking.
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