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242 if allowed to rezone he intended to establish a nursery and garden supply store and also construct a residence on the property. Councilman Granger recalled the action of the Coun- cil in granting a supermarket to move to a new location at which time a parking lot was allowed to remain in R -1 area in order that it might become a barrier between commercial and residential property. City Attorney Currie stated that the problem before the Plan- ning Commission included the fact that all control over the area would be lost if zoning to the C -1 -H were allowed. Any type of permissible business, would of necessity, be allowed if rezoned to C -1 -H. The only way the City Council could control type of business would be to possibly rezone the front five (5) feet and grant a variance of the balance of the property. Councilman Royer rooted that there were several objections offered at the time the matter of the parking lot was decided. He stated his thought that the Planning Com- mission might now reconsider the entire area to ascertain whether or not conditions have changed enough to warrant such a reconsideration. After further discussion, Councilman Royer moved that hearing be continued and that the Planning Commission be requested to furnish recommendation as to the area as a whole, motion seconded by Councilman Spillers. Councilman Granger requested that the Planning Commission state whether or not the parking lot area be rezoned. Motion carried. PUBLIC HEARING, ADOPT PARKING DISTRICT ORDINANCE 785. Affidavit of publication was ordered filed. City Attorney advised this was a permissive ordinance which will allow the Council to pro- ceed with the area at the rear of the City Hall without proceeding with the entire area. In other words, the present ordinance does not demand any action on the part of the Coun- cil other than give the legal right to proceed with acquisitions step by step. Council- man Jones moved adoption of Parking District Ordinance 785, seconded by Councilman Spil- lers and carried on roll call, Councilmen Britschgi and Stout noted absent. PUBLIC HEARING, ADOPT ORDINANCE 600.49 REZONING AREA AT CHARTER AND MIDDLEFIELD ROAD FROM R -3 TO R -4. Affidavit of publication was ordered filed, and there being no objections, written or oral, Councilman Spillers moved close of hearing, seconded by Councilman Jones and carried. Councilman Royer moved ADOPTION OF ORDINANCE 600.14.9 seconded by Councilman Spillers and carried on roll call, Councilman Britschgi and Stout noted absent. DISCUSSION BYDGNES -SMITH APPLICATION TO REZONE PROPERTY ON OAK KNOLL DRIVE FROM U TO C -1 -H. This matter had been discussed prior to the meeting, and Councilman Royer moved that the Planning Commission recommendation stipulating that the owners furnish deeds for the nec- essary property to cover widening, to be recompensed for the 10 feet of property on each side of Oak Knoll Drive at a price to be decided upon, be approved. City Attorney was directed to prepare the necessary papers, the area to be established in the Fire Zone 2 classification. The motion was seconded by Councilman Spillers and carried. FURTHER CONSIDERATION APPEAL CHARLES ALLEN AND L. G. LUBFIN TO PLANNING COMMISSION DENIAL OF VARIANCE TO ALLOW 6 FOOT FENCE AT 1521 AND 1527 GRANGER WAY. Mr. Lubfin addressed the Council advising that both he and Mr. Allen owned corner lots and the fence was desired to provide some privacy at the rear of their homes. It was Mr. Lubfinfs contention that the Planning Commission denied their request because they desired having the present fence ordinance ironed out. There was also the possible hazard which would be caused by the fences butting up to the next property at the rear due to cutting off the vision of motor- ists backing into the street from garage. After further discussion it was decided that the applicants be allowed to construct six foot fence from the rear of their homes for