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12 <br />March 14, 1983 <br />Mr. Larry Johnson from the audience, felt that it would be useless to <br />present an application for a special use permit for multi - family <br />homes in that area, since, in his opinion, the Planning and Zoning <br />Board would not recommend approval. <br />Mr. Hawkins pointed out some case laws in which the developers with <br />less activity than this developer has done, has won in Court and <br />allowed to continue his project. <br />Mr. Kulaszewicz felt that even though the Courts have said the Special <br />Use Permit is valid, no construction has taken place, and therefore, if <br />other Special Use Permits have been revoked due to no construction . <br />within a 12 month period, then in order to be consistent this permit <br />must also be revoked. <br />Mr. Blackbird felt that the Special Use Permit #81 -05 was issued to <br />satisfy the Court and was issued to unplatted lands with the under- <br />standing there would be time allowed to plat the land. <br />Mr. Balckbird, said, that at no time has the developer not proceeded <br />with the development of that property. <br />Mr. Marier moved to close the Public Hearing at 8:27 P.M. Seconded by <br />Mr. Kulaszewicz. Motion carried with Mrs. Elsenpeter voting, No. <br />Mayor Benson summarized the discussion noting the points that had been <br />put forth adding his own definition of the word 'construction' as follows: <br />Planning process began in 1979 as questioned by Mr. Marier and stated <br />by Mr. Blackbird. In February 1980 Special Use Permit #27 was used by <br />El Rehbein Developers for this project. 3 years and no construction. <br />In January 1981, Special Use Permit #81 -05 was issued to Rehbein to <br />replace #27 - 2 years , no construction. <br />Section 6.21 of Ordinance #56 was read and discussed as the basis for <br />the Council's decision. It clearly states 'construction to begin within <br />12 months and be substantially complete within 3 years. <br />April 12, 1982, Mr. Blackbird states no legal restraint prevents Rehbein <br />from building. Also, that the land will not go to waste. October 10, 1981 <br />Mr. Locher, Attorney, made a similar statement. <br />Developer chose not to build because economy and pending lawsuit. <br />City Planner construed construction to mean actual ground breaking. <br />Lino Lakes Building Inspector indicated to me no construction has taken <br />place, in his opinion. <br />Webster's New World Dictonary, 2nd Edition of the Americal Language states: <br />Planning <br />1) a drawing or diagram showing the arrangement in horizontal <br />sections of a structure. <br />2) Project - design - schedule method of proceeding, outline or <br />sketch. <br />1 <br />