03/12/1983 Council Minutes - Laserfiche WebLink

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Void is a simple legal term. It merely means that it no longer has any legal force . In that situation the use that was existing prior to the issuance of the special use is now what it would become is the lay of the land . I think when we ' re acting on an issue such as this it 's important for you people to consider the precedent you may set or the precident you have already set in dealing with an issue such as this . Now on November 22, 1982 , this body dealt with 5 inactive permits and summarily revoked all of those . You also worked on 2 other special use permits on that particular date . One of them was to E L Rehbein and Sons and that was for an addition of a floor for an office . That was issued at least 12 months prior to your action . No construction was started . E L Rehbein representative came up here and told me it was due to economic problems . At that time council members Maier and Benson asked the city attorney Hawkins what options would that present the council with . Mr . Hawkins as quoted in the minutes , they could either be revoked or extended . I agree with that . The minutes don ' t reflect on what basis it was revoked ; however I • assume it would have to be section 6 . 21 because there ' s no other ordinance provision dealing with it . I would like to point out that it was revoked unanimously. E L Rehbein did not object to that revocation of that particular permit . I think the only inference , the only inference , you can take from that is that they felt the council correctly applied their zoning ordinance to that particular issue . Second permit was dealt with November 22 , 1982 , in regard to an A . T . Gearman storage building . No actual building or construction was done within 1 year of the issuance of the permit . Plans , however , were submitted within that year period which will be verified by your building inspector . Despite those plans , despite the fact there was no building this council unanimously revoked Mr . Gearman ' s permit . I think if you go over the years past it has been the custom and practice of this particular council to revoke these permits when there has been no objective groundbreaking . You as a municipal body have a duty to see that all ordinances are uniformly applied to all , members of your community . If you don ' t apply these ordinances on a uniform basis you ' re subjecting yourselves to law suits . It ' s my information from Mr, Gearman , I don ' t know if he ' s going to be here -5-