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287 Council discussed the proposal and alternate plan, noting that the alternate would increase the total cost by $58,000, or $98,000, After further discussion, Councilman Henderson indicated that what was needed was a determination as to whether funding potential exists. Councilman Keckley recommended action be delayed, and investigation made if Gas Tax funds would be available to provide cutting back curbs all the way through, and to provide parking in front of the carpet company store. He felt that if Gas Tax funds can be used, he would favor this alternate plan. Councilman Keckley moved to direct Staff to report back with a definite opinion and response from the State relative to eligibility of proposed project for use of Gas Tax funds, and that Council reserve decision pending such report, seconded by Councilman Weymouth, and carried, Councilman Rhodes voting no. (MINUTE ORDER 1"70-117) Appeal of ALAN J. LAZARUS and L. H. LAZARUS from denial by the Planning Commission of their application for a Use Permit to allow assembly and warehouse of rental garden equipment at 852 Walnut Street (Lots 19 and 20, Block 17, Sweeney's Addition) in a "CB" (Central Business) District, Planning Commission had denied the application for the Use Permit at its meeting of June 9, 1970, and report had been submitted to Council. Mr. Laxarus appealed on behalf of his son, who resides out of State, owner of the property, and described the type of use intended as assembly of small garden equipment, testing and wholesaling to rental equipment operators. He felt from City's point of view it would be preferable that the building be occupied. Council questioned whether he was aware of deficiencies noted by the Building Department, and Mr. Lazarus replied that he was and that they would be remedied. In response to additional questions concerning amortization of the building, and whether a limited period of time for the proposed use would be acceptable, he indicated three years minimum would make it worthwhile. Hours of operation would be the normal business hours. Councilman Rhodes moved to reverse the action of the Planning Commission and allow the Use Permit, subject to compliance with the conditions indicated, There was no second. Councilman Petersen moved to uphold the action of the Planning Commission and deny the Use Permit, seconded by Councilman Keckley, Councilman Rhodes felt that in view of the willingness of the applicant to meet the requirements the permit should be granted. Mr. Lazarus noted the difficulty in locating a