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<br />Larry Clark, 321 S.W. 6th, Portland, spoke as a representative of <br />the U.S. National Bank trust account for Martinsons, who owned. <br />property in the area. He said the people oppose the paving project <br />as they own 77 acres in the area, the economic aspect of the land <br />being used as agricultural will serve an undue burden as the assess- <br />ment will be $48,000 on agricultural land. He said that his clients <br />felt that it was premature to improve the road. <br /> <br />Public hearing was closed with no further testimony given. <br /> <br />C. B. 1361--Authorizing road improvement on Bertelsen Road, Royal <br />Avenue to West 11th Avenue, was read by Council Bill <br />number and title only, there being no Council member <br />present requesting that it be read in full. <br /> <br />Mr. Haws moved, seconded by Mr. Hamel, that C. B. 1361 be read the <br />second time by Council Bi 11 number only, with unanimous consent <br />of the Council, and that enactment be considered at this time. <br />Motion carried unanimously, with all council members present voting <br />aye, Mr. Obie abstaining. <br /> <br />Mr. Haws moved, seconded by Mr. Hamel, that the bill be approved <br />and given final passage. Roll call vote. All Council members <br />present voting aye, the bill was declared passed and numbered <br />17870. <br /> <br />IV-B-2 H. Appeal of Pl annin9 ColTlT1ission denial to zone property located on a. <br />'- northwest corner of Ascot Drive and Harlow Road from R-1 to H Historic .., <br />(Elmer Harlow House) (Z 76-43) <br />Recommended by Pl anning Commission December 21, 1976. Copiesof <br />the Commission's report were previously distributed to Council <br />members. Manager indicated that this appeal had been filed by <br />Philip and Rose Grant. He said there appeared to be two major <br />issues raised in this appeal concerning the Harlow House: 1) whether <br />the Planning Commission can legitimately question the judgement of <br />the Historic Review Board concerning the historic merit and the <br />particular structure; and 2) whether the Pl anning Commission was <br />correct in its determination concerning the lack of historic merit <br />for this particular structure. <br /> <br />No ex parte contacts or reasons for conflicts of interest were <br />declared by Council members. Pl anning Commission Staff ti>tes <br />and mi nutes of December 21, 1976 were received as part of thi s <br />record by reference thereto. <br /> <br />Public hearing was opened. <br /> <br />Mr. Philip Grant, 2991 Harlow Road, indicated he felt that the <br />Planning Commission had exceeded its authority and acted improperty <br />that the Harlow House was one of two houses of its style in the <br />area, the only one on the north side of town and best maintained. <br />He questioned the leqality of the decision, saying that by denying <br /> <br />. <br /> <br />-- <br /> <br />2/28/77--22 <br /> <br />\58 <br />