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412 Allen Hulme, Real Estate representative from Mobile Oil Company, stated their company not interested in this site for construction of a service station unless either restaurant or motel guaranteed and this was a condition for purchase of the land. Councilman Bury questioned whether representations could be made in more concrete form than orally at this hearing. City Attorney advised statements could be requested for submission in writing. City Attorney advised not possible to con- dition further by bonds or money deposit as zoning regulation not a contractual situation. Councilman Rosselli seconded motion to close the public hearing. Motion carried. Councilman Keckley moved to affirm action of the Planning Commission and deny the rezoning, seconded by Councilman Rosselli. On question Councilman Henderson urged Council reconsider granting rezoning as felt assurances had been sufficiently given of intent for construction as proposed. Councilman Bury indicated his desire for more concrete commitment in order to grant rezoning requested. Councilman Petersen questioned use permit procedure should rezoning be granted. Councilman Henderson questioned similar zoning which had been granted across the street from this site and was advised a use permit had not as yet been requested of the Planning Commission for a service station. Planning Director advised this parcel of land had changed hands since rezoning and Staff trying to work out something with the new owners on same basis as formerly proposed. Motion to deny carried on roll call vote, Councilmen Granger, Keckley, Petersen, and Rosselli voting yes, Councilmen Bury, Henderson and Mayor Herkner voting no. (MINUTE ORDER #67-1) PUBLIC HEARING on application of Coast House Movers, on behalf of owner Walter R. Robinson, for permit to move a one story, wood frame, single family dwelling, from Lot 15, Block 1, Farm Hill #5, 929 Nob Hill Rd., to Lot 1, Block 1, Farm Hill Estates #2, 1078 Eden Bower Lane, declared open and affidavits of posting and mailing ordered filed. Staff report stated need for removal of this home had been occasioned by the hillside slide emergency and that Building Inspector recommended approving the permit subject to the following conditions: 1. Builder obtain a Building Permit prior to commencement of construction. 2. All reconstruction conform to existing zoning and building regulations. 3. Building must be complete and ready for occupancy within ninety (90) days from date of approval by the City Council including any conditions set forth by Council action. Councilman Granger asked for assurance on time table for reconstruction City Attorney advised permit could be revoked and penalties invoked for failure to comply. Councilman Rosselli moved to close the public hearing, seconded by Coun- cilman Petersen. Mr. Albert W. Thompson, 1089 Eden Bower Lane, questioned construction plans and proposed occupancy, and also questioned whether he would be allowed to move a home into this area. Mr. Walter Robinson, owner of home to be moved, stated he intended to occupy the residence.