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changing the zoning on the front 10 acres today because we never <br />made a transmittal to the state recommending that. <br />Director Keating noted that the state does not consider <br />zoning at all; they only consider the Land Use Plan and OCR is <br />consistent with commercial. Argument continued regarding what <br />can be considered today and exactly what was transmitted to the <br />state. <br />Director Keating clarified that staff submitted to the state <br />the request to redesignate up to the 17.9 acres, but the staff <br />recommendation to the Board was for half of that. <br />Acting Administrator Collins contended that the zoning can't <br />be changed to OCR today because there is nothing advertised, and <br />Attorney Vitunac agreed that normally our advertisements say we <br />recommend a rezoning to a certain category or a category in the <br />same general heading but of a lesser intensity. This ad does not <br />include the language "or any other lesser zoning," and he, <br />therefore, felt to be cautious we should not consider the OCR <br />today. <br />The Chairman asked if anyone else wished to be heard. <br />Attorney O'Haire wished to point out that the property owner <br />did indeed create this situation. The owner has always <br />maintained their commercial zoning at this corner and in this <br />area. He believed everyone who purchased from the owner had <br />knowledge of that property and its zoning designation, and <br />this is an appeal to change what has been historically in place <br />for decades. <br />It was determined that no one further wished to be heard, <br />and the Chairman thereupon declared the public hearing closed. <br />MOTION WAS MADE by Commissioner Eggert, SECONDED by <br />Commissioner Bowman, to approve staff recommendation <br />to change the Land Uge designation for the easternmost <br />7.4 acres from Commercial to MD -2 and rezone that <br />acreage from CL to RM -10 and to retain the Commercial <br />SEP 19 43 Bole~ 74 ufF. <br />