03-22-95 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MAItCH 22, 1995 The Planner replied that that is correct. Scalze stated that for the past 20 years the Council has handled Subdivision Code property divisions and variances by simple majority vote. The Planner replied that that was his interpretation of the Subdivision Code. Fahey replied that that is doubtful in his mind. Fahey felt the emphasis should be on the standards under which a variance can be obtained. He also questioned why the vote requirement should be different under the two ordinances. Pedersen asked where under the Subdivision Ordinance did it say that the Board of Adjustment and Appeal was required to pass a variance by a weighted majority. The City Attorney stated that it was his opinion that the reference to the Board in the Zoning Ordinance carried over to the Subdivision Ordinance. This is the only referenoe in the Code about the vote of the Board. The Attorney felt there would be difficulty with the issue if the City got into court because of the inconsistency in the Subdivision Ordinance. The City Administrator felt that a lot of the confusion arises because the Zoning Code and Subdivision Code were enacted as two separate codes. The ordinances have since been codified. LaValle withdrew his second to the motion, and Fahey withdrew the motion. Scalze suggested that the phrase "serving as the Board of Adjustment and Appeal" be removed from the Subdivision Ordinance. The City Attorney suggested that the last paragraph under Section 1010.010 be amended by the addition of the phrase "by a vote of the majority of the City Council" after the word "variances". Mrs. Scalze made a motion to amend the Subdivision Code, Section 1010.010, last paragraph with the addition of the phrase "by a vote of the majority of the City Council" after the word "variances". The 15