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1978 (Disc 20)
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<br />Albert: Which definition are you using? <br /> <br />~?J <br /> <br />Lukerman: Ilm using it in the sense that I see a very low probability in implementation <br />of this land within a five year time period. <br /> <br />. Albert: So, you don't think that anyone can develop this sucessfully,dthin five years <br />and by that you mean the economic return is with risk. <br /> <br />Lukerman: Cor~ect, on 95 acreas. <br /> <br />Albert: And you think that all 95 acreas has to be developed within five years in order <br />for your opinion to be sucessful. <br /> <br />Lukerman: I was just reading this statement in the planning commission minutes that <br />within three years that this property would be developed. <br /> <br />Albert: Did you read me correctly that that is an estimated period of time to start <br />within three years. <br /> <br />Lukerman: No, I thought th2t it read that it would be developed within three years. <br /> <br />Oliphant: The statement lilithin the minutes is that they feel it will take three years <br />to develop. <br /> <br />Albert: Thatls right. It would take three years to develop. No one said that it would <br />stop. <br /> <br />Oliphant: Thatls correct. Nobody said that. <br /> <br />LAUGHTER <br /> <br />. Gorham: If there are no further questions of this <br />Hr. Oliphant, do you have any further witnesses? <br /> <br />~ritness, you may be dismissed. <br /> <br />Oliphant: That is the evidence we intended to present at this time, Mr. Chairman. <br />The remaining point, essentially, are these points. The next point is that it is our <br />position that the action 1"as arbitrary and unreasonable. The, that the City has <br />adopted a comprehensive plan and that it has failed to establish implementation <br />standards for achieving goals outlined in that plan. It is clear from the discussion <br />here tonight that the City Council has not done that. And, it simply rests on the <br />ft~r/iNt/t~ut# records...... .We also assert that the action was arbitrary and unreason- <br />able in the view of the fact that the City has failed to establish standards by which <br />property may be rezoned from RI to B2. There are no standards in the City ordinance <br />by which property may be rezoned from RI to B2. It is our position that specifically <br />permits the City Council to rezone property. The last point is that we believe <br />that the action taken by the City Council was unreasonable and clearly against the <br />overwhelming evidence and desires of the people of the community. I would ask thaq <br />the petition which was signed by a large number of people in this community be made <br />a record in support of this particular point. I also would call to the Council's <br />attention a statement in the minutes Dec. 9, 1974, in which it is stated: If the <br />neighbors do not want a shopping center, they donlt want to put one in. I submit that <br />the evidence which was submitted to the City Council overwhelmingly showed opposition <br />from the neighbors. And, I submit that the statment from the Dec. 9, 1974, if Ilm <br />correct... .. <br /> <br />. Albert: I am very happy that he introduced that petition. I call to your mind that on <br />the petition that is signed by the 90 some odd people that half of them are at least <br />husband ~nd ,fives. Secondly, I think, these petitioners "rho are on that petition, and <br />on that ~ition, they said that there "ras no ,comprehensive plan and that is why they <br />were signing it but they swore under oath, in this petition that there was a compre- <br />hensive plan that was adopted. I renew my motion to dismiss for the lack of jurisdiction <br />and since ,fe agreed to submit some kind of memorandum, I suggest that it be submitted <br />
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