03/12/1983 Council Minutes - Laserfiche WebLink

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and am also a member of the Task Force which considered this or con- sidered the new zoning ordinance and new zoning district map over the last 9 months . Think it ' s very important for this council at the outset to understand precisely what the issue is and what the , what they, are facing here tonight . The sole purpose of this public hearing in my ,judgement is to determine whether or not special use permit 81-05 issued on January 12 , 1981 continues to be valid under the current zoning ordinance in particular section 6 . 21 . I would agree with councel for the city and I think it ' s important for you people to realize at this time Judge Kamayer ' s decision does not have any bearing on the issue under question tonight . Judge Kamayer ' s decision is solely limited to the process by which the special use permit was initially issued . In essence , Judge Kamayer stated and we did not have an arguement with that since we did not appeal it , that the process by which this city council issued a special use permit number 81-05 was valid . That is the nature and extent of of that decision . •It does not go any further than that . As I stated , the issue tonight is solely the applicability of section 6 . 21 to the special use permit . Prior to getting into that specific issue , I 'd like to go over a couple of other related questions . At no time since the special use permit was issued on January 12 , 1981 has there been a legal constraint upon the permitee from constructing or beginning construction on the premises in question . Now when I speak of legal constraint , I ' m speaking of either Number 1 an injunction or restraining order issued by a duly authorized Court ; Number 2 a pro- vision in your ordinance which would prohibit the building during the period for which the special use permit was issued , or ; 3 formal council action in which you have expressly prohibited the permitee from going ahead and building on the premises in question . I think a review of prior council meeting minutes would be particularly enlightening . On October 13 , 1981 , that particular meeting , the then city attorney , Landol Locher , speaking in regard to whether there were any legal constraints on the premises in question , stated that there was no restraining order or injunction existing or pending . That situation has not changed today . On April 12 , 1982 , Jerry Blackbird, representing the permitee , acknowledged this fact , he came right up in front of this body and stated there ' s no restraining order in order to stop us from construction . Of course this is very inter- esting when you put this in perspective . In turning to the issue -2-