03/12/1983 Council Minutes - Laserfiche WebLink

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at hand ordinance 6 . 21 , I think you ' re all familiar with it . I don ' t go into detail on it but I 'd just like to illuminate a couple of the present provisions . When a zoning change has been granted or a spe- cial use permit issued for any zoning district it shall be encumbant upon the owner , developer , contractor or whatever to begin construction within 12 months after village council action on the proposal and to substantially complete the project within 3 years of the construction start ; if said construction is not begun within 12 months the rezoning shall be void and revert to its original zoning prior to the rezoning . At the outset we have a couple problems with szymantics. The first sentence speaks both to zoning change and special use permit . The last sentence in that paragraph refers solely to rezoning . Thus the ques- tion would become did the drafters of this particular ordinance intend that both special use permit and rezoning be encompassed under 6 . 21 . I had opportunity to be at the Planning and Zoning and Task Force Meeting last Wednesday night where Mr . Hawkins was kind enough to address us. At that time he said that he felt , as I do, that it was a simple mistake in drafting and that it would apply both to rezoning and special use permits . I think the obvious intent of it by any rational basis or any rational means of reading this, that it applies to both . Once we get over that particular hurdle , the next one , the next question , is whether any construction has begun on that quadra- minium area since the issuance on January 12 , 1981 . When your council met on November 22 , 1982 , the zoning official Peter Klugel , indicated that there was no construction on the quadraminiums . I did discuss this matter with Mr . Klugel , I see he is not here tonight , I discussed it with him last Monday night at our ,joint meeting . He said there ' s been no construction to date . Thus the issue becomes what is the definition of construction . It ' s a relatively simple issue . There ' s no strict definition set out in the zoning ordinance . Thus we have to revert back to some statuatory rules of construction . Words are to be given their plain and ordinary meaning in the absence of an indication to the contrary . This is going to be in your descretion to determine what the word construction means. Ijnw I ' ve discussed this matter with our planning , the man who handles the planning for the city , William Short . He is here tonight and I ' m sure he ' ll give -3-