05/21/1980 P&Z Minutes - Laserfiche WebLink

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Planning and Zoning May 21. 1980 Page Five Mr. Reinert felt the validity of the Special Use Permit must be clairfied - hether this location is UR or ER according to the map - The concern of the nsity since there .is no change from the previous plans submitted - Mr. einert said his primary concern was the lack of facts. Mr. Prokop pointed out this area falls in the UR area - single family residen- tial. Mr. Schumacher felt that research indicated this special use permit is valid since the permits are issued to the land and not to a person. He read that portion of Ordinance #56 which deals with the issuance of special use permits. He also noted that a public hearing must be held to revoke a special use permit and this had not been done in this case. Mr. Reinert read Mr. Bill Short's statement dealing with long term plans. He felt that deviations from the Comprehensive Plan would make the plan useless and they might as well toss the whole thing out . Mr. Schumacher said he agreed with the exception of the existing special use permit. The previous actions of the Council was pointed out - the validity of the special use permti had been denited. Mr. Blackbird said their Attorney had determined this permit is valid. Mr. Johnson asked if this plat is different from the previous plan and Mr. Blackbird siadn not really. Mr. Johnson pointed out that the Attorney for North Nrtheas said the permit was valid - the home owners attorney said it was voud. IIIr. Prokop asked Mr. Blackbird is he is saying this land is already zoned and Mr. Blackbird said, Yes. Mr. Reinert asked who could be contacted to find the legal zoning on this land? - Perhaps the Attorney General Should a law suit be filed against the City? Mr. Schumahcer pointed out that since the Council had not taked action to cancell this permit - logically it is still valid. Mr. Prokop felt he would ask for a clairfication before any recommendations on the feasibility of the proposed plat. Mr. Prokop moved that Planning and Zoning recommend to the Council that the status of the 1970 special use permit be determined. Seconded by Mr. Heatth. In order to consider this palt, some action and this feasibility study be considered as soon as possible. Mr. Prokop asked for copies of the lsit of special use permits that are being considered by the City Council. This will be supplied. The Motion carried unanimously. Mr. Reinert asked if there should be a meeting set for rezoning to comply with the Comprehensive plan. Mr. Heathg thought within the next couple of weeks. !II r. Reinert asked if there was a time limit on this? can this be done first part of September? is that soon enough? Mayor Gourely felt they should wait until the comments from local communities have been received.