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03-22-95 Council Minutes
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03-22-95 Council Minutes
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MINUTES <br />CITY COUNCIL <br />MARCH 22, 1995 <br />the Commission be provided a copy of the survey of <br />surroundinq cities, and well as be informed of the <br />Council's action this evening clarifying the <br />Subdivision Ordinance. <br />The City Attorney reported that State Law requires a <br />2/3rd~s vote to amend the Zoning text and map. State <br />Law requires a simple majority to approve variances and <br />Conditional Use Permits under the Zoning Code. The <br />Little Canada Code required a 2/3rd's vote. <br />It was pointed out that staff did not survey <br />surrounding cities regarding the vote required to pass <br />conditional use permits under the Zoning Code. Staff <br />was instructed to do so. <br />Mr. Fahey introduced the following resolution and moved <br />its adoption: <br />RESOLUTION NO. 95-3-90 - REFERRING THE ISSUE OF THE <br />NUMBER OF VOTES FOR APPROVAL OF VARIANCES AND <br />CONDITIONAL USE PERMITS TO THE ZONING ORDINANCE AND <br />VARIANCES TO TIiE SUBDIVISION ORDINANCE TO THE PLANNING <br />COMMISSION FOR A RECOMMENDATION <br />The foregoing resolution was duly seconded by LaValle. <br />Ayes (5) Fahey, LaValle, Scalze, Pedersen, Morelan. <br />Nays (0). Resolution declared adopted. <br />Fahey pointed out should the Planning Commission <br />recommend that a weighted majority for variances to the <br />Zoning and Subdivision Ordinances, and the Council then <br />approves an amendment to the Subdivision Ordinance <br />requiring the weighted majority, there will be a window <br />of opportunity between now and that amendment where a <br />variance request would only require a simple majority <br />for approval. Fahey suggested that a moratorium be <br />placed on variances to the Subdivision Ordinance until <br />the Council can act on the recommendation of the <br />Planning Commission. Fahey indicated that it has been <br />his previous experience that variances to the <br />Subdivision Ordinance have required a weighted majority <br />for approval. It would be unfortunate to deviate from <br />this past policy because of this window of opportunity. <br />Scalze pointed out the previous discussion that this <br />subject should not be addressed with any particular <br />proposal in mind. Scalze also noted that the Tima <br />19 <br />
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