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There ' s just no way the Planning and Zoning Commission would recommend <br /> to council multi-family in that area , so I can ' t see the rational <br /> that this special use permit , of which no activity has taken place in <br /> a number of years and of which by now on the Planning . and Zoning <br /> Board and Mr . Blackbird indicated more than one time that they coul" <br /> build anytime . They were just trying to acquience to the concerns of <br /> the citizens in that area, so the Planning and Zoning would be hard <br /> pressed I think to recommend any multi-family in that area. Any <br /> with the Planning and Zoning map, nor the legal . . . <br /> The legal . . . <br /> There ' s a moritorium on . . . . <br /> E I believe we have to allow it . <br /> J No there ' s a moritorium on this , Mrs . Elsenperter . Not on the <br /> Any other comments? <br /> C I have just one . It says here your attorney is advising you to <br /> take a sufficient activities test in interpretation of this ordinance . <br /> Somehow I don ' t read that sufficient activities test in this big an <br /> ordinance , this directly deals with construction not activities. <br /> So when you start getting down to the point where council is advising <br /> the equitites , I mean that ' s the final line when you don ' t have any <br /> other statutory construction or anything else to get down to equities . <br /> That ' s the final (defense ) point and I don ' t think that flies here <br /> when you ' ve got a plain simple meaning in your ordinance that states <br /> construction must take place within 12 months. <br /> Any other comments? <br /> Mr . Maier , I ' d like to ask the city attorney: Are we to follow <br /> your same advice in the future on all special use permits? <br /> H It depends on the level of activities .. In my opinion this <br /> activity is far and activity necessary to give the per- <br /> mit holder vested rights in ' the property. <br /> R With some of these special use permits could go on for years with <br /> part of the person who receives the special use permit that their <br /> supposed, intent is to construct . <br /> H Unless you put some conditions in your permit to clearly <br /> indicate what activities must be undertaken by such and such a time . <br /> R Why do you suppose that the wording in 6 . 21 that they put some <br /> time lines in as 12 months or 1 year or 3 years from the construction <br /> start . Why do you suppose those time lines are there? <br /> -15- <br />