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<br />Mr. Herzog then requested the board to deny the request to rezone <br /> <br /> <br />and to leave this area residential or at the most to increase it <br /> <br /> <br />to a multi-family use. <br /> <br /> <br />Judy Bear of 218-1/2 East High Street and Nancy Mitchell both <br /> <br /> <br />advised that they had children who used the alley and felt that <br /> <br /> <br />the commercial use would be dangerous to their children and did <br /> <br /> <br />not want the noise. <br /> <br /> <br />Ron Moon advised that he and his wife have three children and <br /> <br /> <br />these children use the alley and neighborhood to play in and felt <br /> <br /> <br />the commercial use would be dangerous. <br /> <br /> <br />Board member William Abbott then had a question regarding the <br /> <br /> <br />legal description and he reviewed this with the Board's attorney <br /> <br /> <br />who stated that the legal description as published was not <br /> <br /> <br />accurate leaving a portion of one of the lots as a dividing strip. <br /> <br /> <br />After discussion, the Board decided to have a discussion on this <br /> <br /> <br />as a courtesy to all those people present but advised that before <br /> <br /> <br />any decision could be made a new legal description would have to <br /> <br /> <br />be filed along with an amended petition and a new legal notice <br /> <br /> <br />published along with certified letters to adjoining property <br /> <br /> <br />owners as required by the ordinance. A motion was also made to <br /> <br /> <br />require the petitioner to show proof of ownership of all of the <br /> <br /> <br />property in question due to the confusion in the legal description <br /> <br /> <br />and Mr. Korn was so advised. <br /> <br /> <br />The Board then proceeded to a discussion with Tilford Bailey <br /> <br /> <br />stating that he felt the residential use was the highest and best <br /> <br /> <br />use of the real property. David Barry agreed with Tilford Bailey <br /> <br /> <br />as to this being the highest and best use, Warren Franklin agreed <br /> <br />'~ <br /> <br />-3- <br />