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2 January 1979 <br />I * 1. 1 & <br />9 51 <br />'VIZE NUMBER: 1236-79 --w <br />Tieso and Stevens <br />Northeast Corner of Ruggles and <br />Lexington Avenue <br />NCTI ON REQUESTED -. Rezoning from R-1 to B-1 <br />You will recall that this rezoning proposal on the part of Tieso and <br />Stevens was tabled at the November meeting of the Planning Commission <br />so as to allow time for the applicants to prepare a method of <br />Agreement whereby the land would be restricted to of f ice axes withai-n <br />the existing structure only. Some of the land owners in the area <br />had expressed their particular concern regarding the possibility of <br />the construction of a new of five bu.1 fling on - this site, which would <br />normally be allowed if the ent ire property is rezoned B-1. <br />2. The possibility of restricting the use of the land through some form <br />of bilateral agreement with the City or a separate convenant running <br />with the deed to the property was discussed. <br />We have discussed the possibility of providing some form of - rezoning <br />agreement with Mr. Robert Bell, city Attorney. He suggests that the <br />City not get involved in any form of agreement or conditions that <br />would run with the zoning, and that the City restrict such practices <br />as they have in the past. Though some communities-do engage in <br />rezoning agreements" signed by the rezoning applicants and the <br />City, Mr. Bell feels that the Court's advice against such <br />restrictions is appropriate, and that the City should not engage <br />in.such practices, <br />Consequently, the applicants have prepared a covenant to run with <br />the land, a copy of which is attached to this report. We have <br />referred this proposal to Mr. Bell and would hope to have his advice <br />prior to the Planning Commission meeting on 2 January. <br />3. The applicant have also proposed to restrict the rezoning itself, <br />by reducing the area to be rezoned to the westerly 140.5 feet. <br />Attached is a copy of the revised site plan prepared by the applicant <br />indicating the location of this proposed zoning line which you will <br />note will be 20 feet from the easterly side of the existing residence. <br />This will leave 94.5 feet on the east side of the lot remaining as <br />a single family zone. The intent here is to make the actual area of <br />land rezoned so small so' as to make the construction of a larger <br />