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? <br />Assistant Law Director Dubelko stated that he was not aware of the history of <br />this parcel, but if a developer.proposed an assembly that included a residential <br />portion of land, he would require that the assembly be subject to a restrictive <br />covenant that the residential portion not be used for anything other than green <br />area, and this may already be a restriction. He stated that the proposal would <br />have to be tabled, it would merely have to be.subject, to such a restriction, if <br />it is not already so specified..Mr. Gorris advised the neighbors that it wi11 be <br />stipulated tha.t the Commission realizes that parcel 232-8-4 is residential and <br />will be subject to a covenant that it is to remain green area. B. Gorris moved to <br />approve the Halleen Assembly Plat, a proposal to combine Permanent Parcel Nos. <br />232-8-9 and 232-10-64 into a pa,reel that was previously combined which consists <br />of permanent parcels 232-8-4, 5, ,6, and 7 and with regards to 232-8-4 it is this <br />Conunission's intent to carry out .the wishes of the owner when he split this lot <br />and designated in the minutes of the Plarming Connnission and Council that he <br />would retain this lot as residential for a buffer to his property and we would <br />make this contingent with a restrictive covenant to continue this as a <br />residential property forever, seconded by K. 0'Rourke, and tmanimously approved. <br />1) Lusaxdo Rezoning Request: (Heard at this.point). <br />The proposal is to rezone Permanent Parcel No. 232-20-5, located on the west <br />side of Dover Center Road north of Brookpark Road Ectension, from "A" Residence, <br />Single, entirely, to Residence, 2 Family, entirely. The proposal conforms to the. <br />Zoning Code for required frontage and area. <br />D: Lusardo, developer, advised that he is requesting to rezone this Single <br />Family "A" lot for a duplex use. He ma.intained that the lot has been for sale for <br />over four years and it is not economica.lly feasible to develop this property for <br />a single family use because of its proximity to the church, Brookpark Extension, <br />and the commercial area on Dover Center: It is his belief that this property <br />could be developed for either a two family or duplex use which would be rental <br />property., Chairman Gorris stated that he would not be in favor of such a rezoning <br />since if one is approved it would set a precedent. None of the members were in <br />favor of this since it is spot zoning. Nor were they agreeable to changing the <br />zoning to "B" residential which would lower the minimun standards for a house. <br />Mr: Lusardo explained that a duplex would be in the price range of $190,000.00 <br />which he and his partner would retain as an investment; he believed that the top <br />price a single family home could comnand xaould.only be about $110,000. or <br />$120,000. Mr. Orlowski believed that this price Would be compatible with the <br />other homes in the area. Mr. I;usardo pointed out that the price of the adjacent <br />parcels was based., in part, on the size of the large lvts, because this land, in <br />the future, could possibly become very valuable if parcels are combined to build <br />an office building. Mr. Orlowski stated that this is unlikely, and in studying <br />the master"plan, the Conmission is considering these deep lots through out the <br />city. Mr. Gorris noted that if the zoning were changed to a"B" residential, this <br />lot could be subdivided into two.•24r. Lusardo again stated it is not economically <br />feasible to develop this lot. for "A" residential. The present owner originally <br />purchased the lot to build a dentist's office, and a duplex would be superior to <br />that. At present the lot is becoming overgrown with some debris on it. Mr.. King, <br />attorney for Mr. Moran an adjacent property owner, advised that. of the six <br />property owners who appeared on the notifieation-list, five signed a petition to <br />turn down the proposal as did four other residents on the street. Mr. King <br />advised tha.t this property has been zoned as Single Family "A" since 1962 and in <br />considering a rezoning, the applicant should demonstrate that there had been a <br />change of circumstances in the development of the axea to make this zoning no <br />longer-appropriate.; or, if there was a policy consideration that would indicate a <br />change in land use on a comprehensive basis. He maintained that.the applicant ha.s