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<br />COUNCILMAN !<EHR: 3A is the 7-ton street up to 300 feet of <br />Rice and then 9-ton from there on in. That's 3A. <br /> <br />MR. HONCHELL: That's 3A. <br /> <br />COUNCILMAN ANDERSON: I'd like to have one thing cleared <br />up. Mr. Kath has commercial property and we have the assess- <br />ments estimated (inaudible) for the different types. How long <br />a time does he have to corne in and ask for a re-zoning so he <br />could get residential instead of commercial? <br /> <br />MR. HONCHELL: Well, again if you go by the pOlicy, re- <br />zonings are supposed to revert back to their original higher <br />land use which would mean he'd be assessed at the lOO%. <br /> <br />MAYOR DEMOS: Say that again. <br /> <br />MR. HONCHELL: The city policy says that in street assess- <br />ments if you rezone the property, that you would be assessed <br />at 100% of the cost rather than the new assessment. This <br />doesn't have to be followed. <br /> <br />MAYOR DE~DS: 100% of the residential rate or commercial? <br /> <br />1<1R. nONCHELL: The zoning is (inaudible) R-l gets rezoned <br />to B-4 (inaudible) to avoid having people coming in the day <br />after something is approved and get it rezoned. The Council <br />doesn't have to follow the policy. Namely, at the assessment <br />hearing you would have to say the intent of that policy was to <br />avoid up-zoning, and since this is what is down-zoning, the <br />policy wouldn't have to be followed. That's why I'm saying <br />there is no magic deadline because the policy would come into <br />effect. <br /> <br />COUNCILMAN ANDERSON: But the policy is set to take care <br />of qoing from R-l to commercial. In other words, so they don't <br />sit back and wait an extra six months so they don't have to <br />pay commercial zoning, but in this case, he would be going to <br />the residential. <br /> <br />MR. HONCHELL: The policy - legally - there's no such <br />thing as up-zoning and down-zoning. I'm just saying it's my <br />understanding the intent is for the so-called up-zoning, and <br />the Council at the time of the assessment hearing could take <br />that into account and say this was not the intent when the <br />policy was written and you would simply set the rate as what- <br />ever you wanted. <br /> <br />MAYOR DEMOS: You can always have an exception to a <br />policy under extenuating circumstances. <br /> <br />16 <br />