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.6. Mrs. Swanson, Administratrix of the George C. Bowes estate, which includes the three lots under consideration for this development, indicated that the three lots had been sold on contract for deed to another individual and that the Social Dynamics finn had gotten an option from that individual. She felt that the Social Dynamics finn was not the owner of the land, and questions if they could even apply for the special use pennit. Mr. Hinglefelt presented a petition signed by residents in the neighborhood of the proposed development indicating their disapproval of any construction othel than single family dwellings on the three lots. Mr. Hinglefelt questioned whether in 1969, when the original ordinance was written, that the Council had meant a private nursery to be constructed as such a development as being proposed. He felt that the proposed development was of a fully cormnercialized nature and should be considered as such. Mr. Hinglefelt stated that this should be considered as a spot rezoning and not a special use. l~ indicated that he had con. tacted several municipalities in the metropolitan area and inquired as to their reM quirements for such day care centers. His findings were that Crystal considered them under a conmercial classification, Hopkins. RM4, Edina. R.3, New Brighton . R-3 and Richfield. canmercial. Mr. Gary Schmidt indicated that he has purchased the two lots directly to the west of the proposed development with the intent to construct single family homes. He expressed concem. that if the Day Care Center were constructed he would be unable to sell single family hones on those lots and would, therefore, suffer a financial loss. Mr. Ronald Miller, 1188 Sandhurst indicated that he worked nights and therefore, it was necessary for him to sleep during the daytime. He felt that if children were play. ing in the yard right behind his house that it would be impossible for him to get his necessary sleep. Mr. Springborg felt that the proposed use was totally inconsistent with the neigh. borhood and that it was really a request for spot zoning. Mr. Membrez indicated that he felt there was a need for this sort of development, but that this was not the proper location. Mr. Eagles indicated that a church behind his house had opened a day care center and he was experiencing no problems with children or traffic; however, he too, expressed con. cem that this was not a good location for the proposed day care center. Reconunendatim Mr. Kellett moved and Mrs. Demos seconded, that the COJl1Ilission recommend denial of James Leidich's request for special use pennit and variance to setback at 1173 West County Road B. Roll Call, Ayes: Eagles, Demos, Kellett and Membrez. Nays: None. Pla:rming File 650.71 . Robert Langer request for variance to side yard setback at 2722 North Farrington. Presentation Mr. Robert Langer appeared on his behalf and indicated that he is proposing to add another garage stall onto his house which would bring the attached garage to within 5 feet of the side yard setback. The Village Code requires a 10 foot setback from the property line.