03-22-95 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MI~RCH 22 ~ 1995 reason why the City could not have different majorities for the Zoning and Subdivision Ordinances. Fahey pointed out that the City could require a super majority for both, a simple majority for both, or a combination of the two. Fahey stated that it was his view that variances to Subdivision Ordinance can have as much of an impact on neighbors as variances to the Zoning Ordinance. Therefore, the vote should be the same for both. Pedersen asked for clarification of the existing situation. The City Attorney replied that a variance to the Zoning Code requires approval by a weighted majority. The Subdivision Code has two different references. One reference is to the City Council acting as the Board of Adjustments and Appeals. A weighted vote is required of that Board. The second reference says that three votes are required to approve a variance to the Subdivision Code. These two references are in conflict. The Attorney reported that based on that conflict, it is his opinion that a weighted vote is required to pass a variance to the Subdivision Code from a legal standpoint. Scalze asked where it says the Board of Adjustments and Appeals must pass a variance to the Subdivision Code by a weighted voted. The City Attorney pointed out that there reference to the vote is back in the Zoning Code. Putting the two statements together says four votes. Scalze pointed out that the 5ubdivision Code is separate from the Zoning Code, therefore, the Board of Adjustments and Appeals as referred to in the Subdivision Code should not be subject to requirements of the Zoning Code. The City Attorney pointed out that the Code does not say this. The way it is written, the Board of Adjustments and Appeals is subject to the weighted majority vote. Fahey made a motion that the Zoning Code and Subdivision Code should be amended so that variances to 13