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Board of Zoning Appeals 10-1-75 ?4 - with members of Regional Planning Commission with respect to this M narticular interpretation. Mr. Hill replied that he had. Mr. Gareau said Mr. Frnest had testified as to what the ordinance in- tended; that is hearsay. After discussion Chairman Ledvina instruct- ed Boaxd members to ignore ivir. Ernest°s first comment as hearsay, Mrse Zipp reviewed length of time she had otaned her property and ho-w she could build 5 story apartments on same. She asked Mr. Hill ho:a long ago he?dhad consulted with Regional Planning. ?vIr. Hill re- plied he was never consulted about NorVh Olmsted. In??_answer to an- other question9 NIrs. Zipp was told P4re Gareau is paying Mr. Hill tonight. Statement was made that Mra Frnest has made comments which were recordm ed. This is hearsay also, Mr. Ernest spoke of intento He asked I?ir. Gareau if he tried to ascer- tain the intent of the Council when the ordinance was written. Ms°. Gareau responded, no' that he had rendered an opinion.e It was statm ed a court may defer to the opinion of the legislative bodyo Mrs I,edvina spoke of citizens groups or Planning Commission and that they should hP 75averneds He had tried, always tried, to be knowledgeable and that this pqrticular issue did not come up. Mr. Ledvina further stat- ed that we do have existing buildings that are not permissible as of this case and discussion tonightm The Board has never ruled on this sectiono Tqr. I,edvina went on to say determination is to be made on evidence pres- ented tonight ?;ora-in_R.c1.-_ zosnP'?=?fo?° bu?siness where- it touches resi- Is dential. This is not a planning concept which is tenableo We need in- tex°pretation for parcel of land to be used with respect to genexal red tail and which can be used for tnultifamily only if property next is zoned multifamily. There was further discussion. Statement was made that perhaps ad- ministrative error caused al1 the apartments along ?orain Road abut- ting residential to be built. It was further sLated evsry Law Di- rector makes his own interpretation. Language and intent must be judgeds .A.t this time (8:43 p.m.) Administrative Session commenced. The meeting came back into session at 8:50 p.m. Niro I,edvina read Ord. 62-33 Section 1173.02 (a) -"In a General Re- tail Busa.ness District land may be used and buildings or structures may be designed, built, altered or used only for one or more of the following permitted uses: (A) Any use permitted in the least restric- tive residence district adjacent to any part of such General Retail Business District but subject to the conditions therin set forth". Mr. Ledvina moved the property in question which is general retail busa.ness and which abuts B residential zoning be restricted to B residential use vrith respect to the permitted residential use. Mo- tion was seconded by Mr. Olsonm Hisssrs, Ledvina, Olson9 Duskey and ? Hamill voted aye. Motion passed unanimously. Recycled Bond. - One atep to eave our eavironment