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Cantrell states in his report that the land was too far off
Avenue Q to be feasible for commercial uses.
Dr. Friedman determined that the highest and best use of the
Bates Center at the time of the gift was as follows: (1)
Continued use of the five lots as an activity building, and (2)
use of the excess lot for residential purposes. In reaching this
conclusion, Dr. Friedman noted that the Bates Center was in a
neighborhood of single-family homes, it was one-half block west
of Avenue Q (a heavily traveled commercial street), and it lacks
a driveway or visibility from Avenue Q. Dr. Friedman also
pointed out that the Bates Center was zoned R-2, which allowed
duplexes as well as single-family residences and that a church
was a legal nonconforming use. Although commercial uses were
allowed by zoning within 85 feet of Avenue Q, Dr. Friedman
pointed out that the Bates Center was located more than 300 feet
from Avenue Q. Dr. Friedman suggested that for the five lots a
church-related facility would likely provide a higher residual
value than residential use and for the excess lot a single-family
or duplex home would be appropriate.
Petitioners devote much of their argument to the proposition
that the Bates Center could be rezoned for commercial use. Mr.
Sessions' expert, however, determined in his report that the
highest and best use of the Bates Center was for continued use by
the adjoining church and that commercial use of the property was
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