03/12/1983 Council Minutes - Laserfiche WebLink

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We have the right and obligation to follow what we set as a as a right and a precident . If it. means $125 *out of his pocket or if E L Rehbein cannot afford that amount of money then maybe they can ' t afford the project so I don ' t think we can look at the dollars and cents there . I think the special use permit in process is a valid process with the 6 . 21 of the ordinance to define this and I think under the circumstances we shoulc decide the issue thoroughly on the merits of a comment our attorney made on formal 6 . 21 and back specifying that the project has to begin in 12 month and be substantially completed in 3 years. Those are some of the things I got from the comments here . You have a comment? E _ I would have to agree with you in one respect and that is that we ' ve gotten to the stage of the special use permit in light of himself and as we have so far I think we are going to carry it to the letter of the law as you have said , then we are going to have to go back and review some of those ordin- ances as there aab^ut 10 or 15 that I can think of that have not had one thing done to them and they have been on the books since (1950- 1960) and the people just keep coming in and saying someday we ' re going to have a gas station there and we want to keep it that way , nothing has been done so I think in effect the course this council is taking should consider that . Secondly T do believe that use have to look at each case on its own merit and in this situation I happen to feel there were some extenuating circumstances in waiting for reports to be completed . I have to hones`ly believe that if we deny this man the continuance of that special use permit anyone who votes to do so wi-11 be in contempt of court . I happen to think the Task Force , the penple would be in contempt of court in that they have obviously rezoned that area non multiple family and a court has said it can be that and therefore this council could never rezone it anything but that . The fact that has not been rezoned will no} stop Mr . Blackbird from coming to the city tomorrow to apply for a new special use permit in which case Dick is right . There certainly isn ' t any reason why you couldn ' t revoke it tonight but it have to be reissued tomorrow because you would have no valid reason for denying it . M Mr . Chariman , I think Mrs . Elsenpeter ' s point is well taken . I think we ought to and I 'm going to make a motion here but I think to -23-