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MINUTES <br />CITY COUNCIL <br />MARCH 27, 1996 <br />The Planner replied that the Comp Plan is the guide <br />which directs what land use goes on in an area. If <br />there is a conflict between the zoning of a property <br />and the Land Use Plan, the Plan is supposed to control <br />the issue. Therefore, someone could come in and <br />require that the City rezone a property to conform to <br />the Land Use Plan. <br />Fahey pointed out that Terrace Heights Mobile Home Park <br />is zoned commercial, but the Land Use Plan shows medium <br />density residential. Fahey asked if the Land Use Plan <br />would supersede the zoning in a situation like this. <br />The Planner replied that it is his understanding that <br />the City could deny a permit to develop a commercial <br />project in a situation like this, based on the Land Use <br />Plan. However, the City would be compelled to rezoning <br />the property in conformance with the Land Use Plan at <br />that time. <br />Fahey stated that if that is the case, why would the <br />City go through the steps to rezone at this time. <br />The Planner stated that the risk would be someone with <br />a smaller parcel of property with commercial zoning, <br />even though the Land Use Plan indicated residential, <br />could apply for a receive a building permit for a <br />commercial project. <br />Carson suggested that the Building Official could be <br />instructed to refer to the Land Use Plan in reviewing <br />building permit applications. <br />The Planner indicated that that would be difficult <br />since the Building Official uses the Zoning Ordinance <br />as his reference. <br />Carson argued that if the Land Use Plan supersedes <br />zoning, then the Building Official should be referring <br />to the Land Use Plan. <br />The Planner suggested that while the Zoning Code and <br />Land Use Plan are different, in some instances they are <br />the same. For example, a small apartment building in a <br />commercial area would be consistent with the Land Use <br />Plan because it would meet the goal for the area. <br />Scalze asked if the City had decided what sort of use <br />was in the best long-term interests of the City for the <br />Terrace Heights property. <br />3 <br />