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~ ) -~, ~~ Shell Oil Station At this point, Mr. Robert F. Leach, Attorney for Mr. Keller, pe rn-it (cont'd) stated he was a little confused as to whether the nature of the request involved a question of rezoning the property or Attorney Leach fora hearing to revoke the permit. Village Attorney Graham replied that in his opinion that apparently this is a request Village Attorney to the council to reconsider their action of April 15, 1953, Graham in authorizing issuance of the permit. Attorney Cowi® Attorney Cowie stated the petition merely requests that the council deny permission to construct a service station on this corner. Attorney Leach Attorney Leach said that to rezone the property so that it could not be used commercially would deprive Mr. Keller of the laxful .use of his property. Mr. Leach also said he understood plans were to wid en Larpenteur Avenue into a substantial highway from Rice Street west to Minneapolis, and referred to the large area on Larpenteur between Snelling Avenue and Lexington Avenue which is now zoned commercial, also stating that Mr. Keller has Dr. i~eCo operated a business on the northwest co rner of Albert and L y arpenteur for some time. Dr. McCoy replied there was no ob3ection to Keller continuing to operate as at present, but that the proposed Shell Oil station operation would change the character of the neighborhood. Council action No one else wishing to be heard, the Mayor announced the council would take the matter under consideration. After discussion, Lodahl moved, seconded by Lindig, that the request on the council to revoke issuance of permit to the Shell Oil Company, of Minneapolis, for construction of a service station on the Keller property, be denied. The following vote was then taken and recorded: Ayes: Lodahl Nays: Shavor Lindig Stewart Henry The Mayor then declared the motion lost. :dearing Following a further discussion, Stewart moved that an informal voted hearing be held in the Village 'Mall, beginning at 8:00 P.M., Friday, May 15, 1953, on the question of whether issuance of the permit to the Shell Uil Company of Minneapolis should be reconsidered. Shavor seconded and motion carried..' Wicklund request Mr. Leslie G. Wicklund presented an agreement dated May 6 1953 for variation in Zonin Ordinance , , by which Bdr. and Mrs. V.a. Wisniesski agree to waive any ob3ection t th g o e 5-foot side yard provision in connection with an attached garage Mr. Wickland intends to build. After discussion, Stewart moved, seconded by Henry, that under Ordinance No. 1Fr the agree- ment be treated as a request for a variance and be referred to the Planning Commission fora hearing, with the request that after said hearing they report back to the council at the council's meeting set for May 26, 1953. Carried unanimousily.