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APPEAL 169-MacFarlane Hearing was opened on Appeal 169 CUP 208-Ducot filed by John C. MacFarlane from the Planning Commission' s approval of Conditional Use Permit 208 filed by George Ducot to construct rest hc~e in the R i district at 1605 N. English. The Clerk reported that notice of the hearing was mailed to the property owners in the surrounding area on November 30, 1965. The Clerk also reported the following letters had been received in opposition to the Conditional Use Permit: C. Park Fuller, 2002 W. Meriday, Mr. & Mrs. John C. MacFarlane, 2015 W. 15th, Mrs. William F. Owen, Jr., 2016 W. 15th and presented pictures of the area submitted by Mrs. Owen. On motion of Councilman Gilmore, seconded by Councilman Eerrin and carried, the letters were ordered filed. Mr. John C. MacFarlane, the appellant, 2015 W. 15th~ read from his letter submitted to Council his reasons for the opposition to the rest home in the R i district. He also asked that the letters and petition filed with the Planning Commission at their meeting of November 8, 1965 also be received. On motion of Councilman Gilmore, seconded by Counci~m~n Brooks and carried, the letters and petition were ordered filed as a part of this hearing. Mr. MacFarlane stated he appealed the decision of the Planning Department in granting the Conditional Use Permit because he felt their decision was based on errors in judgment and procedure; he submitted a map showing where protestants live. Mrs. Janice Boer, 912 N. Lowell, acting on behalf of the appellants, questioned whether the Planning Co~mnission had acted correctly in closing the hearing and then hearing new evidence presented by Mr. Cochrane~ the applicant's attorney~ thus changing the action from the original taken~by the Planning Ccmmission. Mr. Van Stevens, Planning Director, read the rules set out for the Planning Commission stating they must give a majority affirmative vote to take action~ not operating under Robert's Rules of Order. Mr. Cochran stated the hearing was reopened by the Commission acting on advice of the Deputy City Attorney. The City Attorney, on request of the Mayor, stated his opinion that the Commission probably had the right to continue the hearing since it was at the same meeting and in view of the fact that the vote on the motion resulted in no action and they wished to continue to a time when a full Commission was present. Mrs. William J. Francis, 1429 N. English, Mrs. Owen, 2016 W. 15th, Mrs. John Hoff, 1502 English~ Mary Whitford, 2030 W. 15th, and Mrs. Elsa Reed, 1517 N. English, spoke in opposition to the conditional use permit. Mr. John Cochrane~ attorney for the applicant, gave a brief history of the hearings before the Planning Commission and the City Council on this conditional use permit. He also stated although this particular piece was zoned R 1 it was on the edge of the R i zone and that a rest heme is not a true commercial development; that parking met ordinance requirements; that it would not necessarily set precedent; that street improvements would be made including walks northerly to the Jack in the Box. Mrs. Boer spoke again in regard to heavy density and the classification of rest homes as commercial enterprises. Mr. MacFarlane pointed out on a map that the area in question was within R I zoning and that the Commission did not impose sidewalks for the property to the north. There being no further testimony, the hearing was closed. It was moved by Councilman Brooks~ seconded by Councilman McMichael that the Council overrule the action of the Planning Commission and instruct the City Attorney to prepare a resolution denying Conditional Use Permit 208. The motion carried on the following roll call vote: CITY COUNCIL - 418 - December 6, 1965