04-26-95 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 26, 1995 vote requirement when one Council Member is absent or has to abstain from voting on an issue. Fahey pointed out that the change in the vote requirement does not change the standards for granting the variance or CUP, and hopefully the Council will be judicious enough to realize when a request does not meet those standards. Morelan pointed out that sometimes the standards can boil down to individual interpretation. A change from a weighted majority vote is a big change. The City Planner indicated that whether the vote is a weighted or simple majority does not make any difference to him. The issue is applying ordinances consistently over time. Scalze stated that she sees a difference between the Subdivision Code and the Zoning Code because State Law treats the two differently. Fahey asked the Council to be certain that the Subdivision Code was not changed to suit a particular situation. Fahey felt if reasonable minds can decide by simple majority on variances under the Subdivision Code, the same should be true of the Zoning Code. LaValle agreed, and again pointed out that the City should be able to compete on the same basis with surrounding communities. Fahey asked that the Council think about the issue in light of the position it will be in should one Council Member have to abstain from voting on a variance or CUP under the weighted majority requirement. Mr. LaValle introduced the following resolution and moved its adoption: RESOLUTION NO. 95-4-116 - CALLING FOR A PUBLIC HEARING TO CONSIDER AMENDING THE ZONING CODE TO REQUIRE A SIMPLE MAJORITY OF THE COUNCIL IN APPROVING VARIANCES AND CONDITIONAL USE PERMITS The foregoing resolution was duly seconded by Fahey. Ayes (5) LaValle, Fahey, Pedersen, Morelan, Scalze. Nays (O). Resolution declared adopted. 22