03/12/1983 Council Minutes - Laserfiche WebLink

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and he sold the property as commercial and the property sat there for 3 years and he put in a parking lot and then you decide that that area can no longer be commercial but you go back to residential. Then how do you make a determination whether or not you have the right to rezone it back to residential and cut off any further activities . We have to evaluate what activity has taken place on that property and I think there are numerous decisions in Minnesota that have done that and have set down some guidelines. R Mr . I just have one question here . By the definition of construction I guess we ' re hung up on that again . and the planning phase and other people do not . We , the work I do let bids for the contract for construction and let me assure you that our definition for construction that means that we put in , my dad put in 3/4 to a million dollar project and when that ground is broken , is when we begin construction . Up to that point it ' s purely the planning phase . And I , after listening at this meeting , and hearing the questions, I have a• problem with meshinn this whole thing in , the planning phase along with the construction . Construction to me means to begin building. - H And that ' s what I 'm saying . I think that everybody looking at that section of the ordinanne and I ' m saying the law is going to lock at the activity to determine whether or not that individual has a vested right to continue and that my review of those decisions gives me , I 'm under the opinion that there has been enough activity at this point in time to continue under the law. I 'm not debating with you because the first . . . No, No. I understand. K Mr. Mayor , listening to Bill and Jerry and some of the people here reflecting back this has been going on for s3 many years , I ' d like to forget to tell you the truth . Dave has referred to 6 . 21 zoning , the zoning change performance , and as Bill said is there a black and white , Dave says its green and Bill has just said that Hey, it ' s there for a reason . You can change it or use it as the zoning permit reads but I got 2 things I 'm hearing . First thing , Bill, which I fully agree with you , is that the courts have made a decision . They ' ve said that the special use permit in all shades of the imagination whatsobe it legal and thev ruled on that . Secondly , I look at the zoning change performance and I look at other special use permits done in the city and I ask myself if we ' re going -_17 _