05-24-95 Council Minutes - Laserfiche WebLink

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MINU'CES CITY COUNCIL MAY 24, 1995 under the two Codes. Mr. Fahey introduced the following resolution and moved its adoption: RESOLUTION NO. 95-5-135 - AMENDING SECTIONS 921.O10.L AND 922.020.I. OF THE ZONING CODE OF THE MUNICIPAL CODE OF THE CITY OF LITTLE CANADA, RELATING TO THE NECESSARY VOTES TO GRANT A CONDITIONAL USE PERMIT AND A VARIANCE TO THE ZONING CODE The foregoing resolution was duly seconded by LaValle. Ayes (3) Fahey, LaValle, Pedersen. Nays (2) Scalze, Morelan. Resolution denied. Morelan moved that the City Attorney be instructed to amend the Subdivision Code to require a weighted majority for approval of Variances under that Code. Fahey pointed out that such an action will result in the Tima property division being handled by a standard that would not be available to anyone else. Scalze pointed out that State Law only requires a simple majority vote to amend the text of the Subdivision Code while a super majority vote is required to amend the text of the Zoning Code. Therefore, if someone wanted a variance to the Subdivision Code and could not get a super majority vote of the Council, the applicant could request a text amendment to the Subdivision Code which requires only a simple majority. Morelan sugqested that the Subdivision Code be changed to require a super majority vote for a text amendment. The City Attorney suggested that this could be challenged since the majority position could be stymied by the minority. Fahey stated that it was his understanding that the Council's position was that both Codes should have the same standard. Scalze replied that she has not taken that position feeling that it is fine to require a simple majority vote for Variances under the Subdivision Code while requiring a super majority for Variances and CUP's under the Zoning Code. Pedersen stated that he supports the simple majority vote and would not support the resolution on the floor. 4