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MINUTES <br />City Counci1 <br />April 15, 1981 <br />Supreme Mr. Fahey reported to the Council that there was a recent Supreme <br />Court Court decision where a city did not grant a conditional use permit <br />Decision for someone with R-2 property to construct townhouses. The city <br />Conditional council cited reasons of increased police protection wou1d be needed, <br />Use Permits traffic hazard caused, and drainage problems that would be created <br /> for not granting the permit. The Supreme Court ruled that there <br /> must be factual evidence to support these claims and not just a <br /> general statement made by a city council. <br /> The Flttorney agreed. Mr. Parks stated that there must be facts and <br /> figures supporting the claims of the city council. <br /> Mr. Fahey pointed out that under the present zoning of the Schrier <br /> property, the City wi17 be hard pressed to deny Mr. Schrier a building <br /> permit should he request one. <br />Public Mayor Hanson opened the public hearing on the proposed rezoning of <br />Hearing Lots 1 through 6, alock 1 and lots 25 through 30, ~lock 1, Bemis <br />Proposed Heights Addition from R-3, High Density Residential, to R-1, Single <br />Rezoning Family Residential. Mayor Hanson stated that the area is presently <br />Lots 1 thru being used as single family residential and this is the reason Counci7 <br />6, and initiated action on the rezoning. <br />lots 25 thru <br />30, Block 1 Mayor Hanson pointed out that the residential homes on this property <br />Bemis are present1y non-conforming uses under the R-3 zoning. <br />Heights <br />Mrs. Saiko asked what effect the rezoning would have should they ever <br />choose to sell some of their lots. <br />Mayor Hanson stated that the property could be sold as single family <br />residential if it met City cocte requirements regarding square footage <br />requirements for lot size and City setback requirements. <br />Mrs. Nardini introduced the following resolution and moved its adoption: <br />RESOLUTION N0. 81-~-185 - CLOSING THE PUBLIC HEARIPIG ON <br />THE PROPOSED REZONING QF LOTS 1 THROUGH 6, FlND LOTS 25 <br />THROUGH 30, BLOCK 1, BEMIS HE.IGHTS ADDITIOP! FROM <br />R-3, HIGH DENSITY RESIDEMI'IAL, TO R-1, SINGLE FAMILY <br />RESIDEMTIAL <br />The foregoing resolution was duly seconded by Mr. Forsberg. <br />Ayes (5) Nardini, Forsberg, Hanson, Scalze, Fahey. <br />Nayes (0). <br />Resolution declared adopted. <br />This resolution appears in Resolution Book No. 7, Page 120. <br />Page -4- <br />