07/16/1980 P&Z Minutes - Laserfiche WebLink

Home Search

Planning and Zoning Board July 16, 1980 Page Four Mr. Busch, Mr. Jandric's Attorney had made specific note of this in the IIImeeting at the time the special use permits had been issued to the outlots. Mr. Cody asked if a plat had ever been accepted and filed for those outlots? He had a letter stating that the file had never been filed. Mr. Cody said that a special use permit cannot be used as a rezone tool, there must be a rezoning with a public hearing. He presented a copy of a case - Mr.Johnson asked Mr. Blackbird, if when the final plat is presented, will the bedrooms be noted and Mr. Blackbird said, Yes, this is just a sketch. Mr. Benson presented some figures as to the selling prices of comparable homes in the area. He asked how these units could be sold for the figure Mr. Blackbird had quoted and Mr. Blackbird said, probably due to land costs. Mr. Alt, owner of the duplex, said there is 5 people living in his unit and felt that they were crowded. He felt this was a big unit for a small parcel of land. There was discussion on the amount of green area in the area and Mr. Black- bird said the City requires 35%. One person said he got the impression that Mr. Blackbird had a mandate from the Council and that he is going ahead with this project regardless of what this Board say. Mr. Blackbird said the he is complying with the Ordinances. That his firm had bought the land and had submitted a plat. The person asked where this left the Planning and Board and Mr. Heath said he didn't know what •theY were supposed to do or what their options were. Mr. Cody felt that local government should represent existing residents and it would seem this City Council is not doing that. The unidentified person said it would appear to him the Council is representing the people who have not even moved in the area. Another resident made a suggestion, that before this goes to the courts, that 3 or 4 Attorneys be contacted to sort this out. He felt legal advise was needed and more than the City Attorney could give. Mr. Johnson pointed out that Mr. Locher had ruled that the special use permit was still valid and could be develop subject to approval >of a plat. Mr. Benson said he had looked at the Comprehensive Land Use Plan and felt this area had been designated as single family residences. He felt that this Board was to represent the people who oppose this development. Mr. Johnson said he had talked to an appraiser that the construction of quads would depreciate their property and that the current owner of adjacent pro- perty could sue. Mr. Heath said the Board must take some action and he asked what their actions should be. Mr. Schumacher explained IIIMr. Schumacher said this is a preliminary plat and should be handled as such. There are recommendations of the Planner and Engineer to be considered. Mr. Johnson asked how the density was figured - he said he didn't know how Mr. Balckbird got his figures. He felt the subject of density should be looked into.