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Planning and Zoning <br />August 20, 1980 <br />111 The regular meeting of the Lino Lakes Planning and Zoning Board was called <br />to order at 7:30 P.M. on August 20, 1980, by Chairman Reinert, Members <br />present; Prokop, Doocy, Schwankl, Bathke. Absent; Heath, Johnson. <br />Chairman Reinert asked Mayor Gourley the purpose of material that had been <br />placed on the table - what is the reason for this material? <br />Mayor Gourley said this material is to clear up some of the apparent confusion <br />of some members of this Board as to the status of special use permits - in <br />particular, the special use permit issued on the Outlots in Lakes Addition <br />#2. Mayor Gourley indicated that the Council had passed a Resolution indicat- <br />ing this special use permit is valid. The action on this particular special <br />use permit set a precedent for the handling of all special use permits. <br />Mr. Prokop understood that special use permits are issued to the land and in <br />reality, are basically rezonings - is he correct? Mayor Gourley indicated <br />that he was. Most of these special use permits were issued under Ord. #6 and <br />in that Ordinance, all things were allowed in the Residential area with the <br />exception of a commercial establishment but a special use permit was needed <br />for any construction other than a single family dwelling. <br />Mr. Reinert understood that if a special use permit is issued for a kennel, <br />this land could be sold and the new owner could continue the use of the land <br />as a kennel. Mayor Gourley said, that was correct, within the conditions <br />set when the original special use permit was issued. Mr. Reinert said then <br />this is basically spot zoning and Mayor Gourley agreed. <br />Mayor Gourley questioned Mr. Reinert on his reasons for writing to Mr. Locher <br />for an opinion on the validity of the special use permit issued to the outlots <br />in Lakes Add. #2. Mr. Reinert had been at the meeting and had taken part in <br />the discussion, why the confusion? <br />Mr. Reinert said he wrote the letter because he wanted document,aici.in writing <br />since there has never, to his knowledge, been anything in writing from <br />the Attorney. Mayor Gourley said Mr. Locher had been provided with a copy <br />of the Resolution before the meeting and had been asked by Mr. McLean <br />if there were any problems with this Resolution and Mr. Locher had <br />indicated that he felt this Resolution was proper as long as all Special <br />use permits are treated equally. <br />Mr. Reinert asked if it is not the prerogative of this Board to obtain legal <br />opinions from the City Attorney. Mayor Gourley indicated that he had been <br />allowed an occasional phone call but when specific legal questions had been <br />forwarded For the Attorney's opinion, the approval had been cleared through <br />the Council and the answer had been forwarded to the Council, not to the <br />Planning and Zoning Board. Chairman Reinert asked if he could then have the <br />priviledge of calling the Attorney and Mayor Gourley said, Yes. Mr. Reinert <br />said he would not get an opinion in writing and Mayor Gourley agreed. <br />Mr. Reinert brought up the subject of Ordinance #20 on the conduct of the <br />Boards - he asked Mayor Gourley if he had any comments on this and Mayor <br />0 a <br />Gourley said this is just far* their information. Mr. Reinert asc`d if this <br />Ordinance refers to the Council and Mayor Gourley said, Yes, but Ordinance <br />#20A includes all Boards. <br />Mr. Reinert noted that this Ordinance states this is to be used as guidelines <br />