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2 • The developer said there is an 13 foot drop in grade from the corner of Silver Lake Road to the west;:rn boundary of the area in question and he. disputed arguments against the height oi= the buildings by saying neither would be higher than the Thompson or Iverson homes across the road. Mr. Art Thompsor,, 2900 - 37th Ave. M.E. and Mr. John Sambuco, 3613Belden Drive, reiterated the objections they had voiced at the Planninq Board meeting the week before, citing the petition from the neighbors against the proposal as well as the effect on the aesthestics of the area, the noises they felt tolild be generated at night by traffic, filtering and air condit;oning systems and garbage trucks. Mr. Ernst said the mechanical equipment for the building would all he placed on the north side away from the residences. Mayor Miedtke asked Mr. Rymarchick about the absence of stated rea«oils behind the Planning Board's recommendation for denial of the request and said he feared the land could be developed legally under its present zoning in a less attractive manner than Mr. Ernst's proposal . He gave as an example the possibil ; ty of a 35 ft. high building with cinder block facing. Councilman Stauffer said the R-2 zon nq o-l= the land on the south side of 37th Ave. was intended as a buffer betwAen the single family dwellings to the south and the commercial area-of Apache Plaza and she also felt other industrial uses possible under the present zoning could prove less desirable than the • Ernst proposal which included attractive landscaping plans. Mr. Ernst pointed out that the present zoning was placed on the north side of 37th in 1960 and that he felt the owners of the four single family dwellings built on 37th should have found out how the land on both sides of 37th were zoned before purchasing their lots. He said he was willing to sign an agreement that the Country Kitchen would not stay open past 11 :00 P.M. and the owners of the restaurant had indicated they were willing to make the concessions necessary to bring their sign into conformance with the City sign ordinance. Country Kitchen would operate under a 20 year lease with Mr. Ernst who pointed out it was to his advantage economically to see that the property was not allowed to deteriorate. Mr. Harvey Williams of American Monarch said his company favored the rezoning and felt that since they paid $20,000 in taxes on the property, consideration should be given to their right to sell tha parcel . He also advised the Council that "the land to going to be developed sooner or later." The City attorney was asked whether restrictions could be attached to approval of rezoning and Mr. Soth said such a precedent had been set in other instances of rezoning by the City but he suggested that an agreement to the restrictions be signed by the developer and attached to the title of the property. Councilman Sundland did not believe the neinhbors would be protected by the restrictions since they might be difficult to enforce. He said he opposed • "shoving restrictions dorm the throat of a potential resident", especially since other eating places in the City are not similarily restrict:_�6. He indicated his opposition was mostly to the restaurant but he felt the proposed offices would be a good use for the land. Councilman Sauer agreed with him and wondered if the lift stat=ion In that area would be able to handle the extra load which would be imposed by the restaurant.