09/29/1980 Council Minutes - Laserfiche WebLink

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0 r Lvt. September 29, 1980 particulary in this case and the LI land, we are using the Plan as a guide because they did adopt it in concept and he agreed that plas are open ended - they have to be, Buthe felt that many hours had spent in making this document something that could be lived with. If this Council or future Councils are not going to take a document such as this with some validity, then they are not acting responsibly for the benefit of the Citizens of this community - you are only doing it as a mockery and trying to fulfill an obligation to the Metro Council. Mr. Reinert felt that the P &Z had researched this plat quite extensively. He said he had been accused of having a conflict of interest - he begged to differ with that because he had voted against other issues that have come before the P &Z in this oommunity because he felt it was in the best interest of the Community. He asked the Council to research this and he felt the recommendation sent to the Council from the P &Z was done in a very legimate manner - there was a lot of research behind it. Mr. Jaworski asked, if the P &Z had done so much research, why do they continue to recommend approval of LI uses in a Residential area in direct conflict with the Comprehensive Plan. Mr. Reinert asked him to be more specific and Mr. Jaworski said the welding shop in the Lakeview area - this had received approval from P &Z, sent to Council and had been denied. Mr. Jaworski said he appreciated the work of the P &Z, but he felt in some instances, their actions make the Council look bad. A recess was called at this time in the meeting. Mrs. Elsenpeter moved to approve the preliminary plat of Lakes Add. #7 on the basis that the Special Use Permit had been declared valid and therefore the developer has complied with City Ordinances. Seconded by Mr. Jaworski. Mr. Kusaszewicz said after listening to the pros and cons and felt that he has a problem with the water table in that area. He also has.a problem wihh the traffic that will be generated from this area - he asked how this would be handled. Mr. Kulaszewicz also questioned the matter of the density. He also questioned the legal part of this problem. Mr. Jaworski said this is a preliminary plat, not a final, the preliminary will be submitted to RCWB for their opinion. Mr. Jaworski asked if there had been a traffic study on that street? Mr. Blackbird said he had contacted the school system, County Highway Dept., the Police Department and all had said it would create no problem - Birch Street can handle this. Mr. Jaworski said he felt that the Motion should be amended to include the variance on the lots 32 through 34, in that the lots do contain the square footage required although, depending the determination of the front of the lot, to include the answers from the RCWB and the DNR be made available to the Home Owners Association prior to the submission of the final plat. The amendment was seconded by Mrs. Elsenpeter. Mrs. Elsenpeter wondered if a variance approval at this time is necessary because there is 178 feet on the street. She felt the entry to the building would be con- sidered the front. Mr. Schumacher felt the need for a variance would depend on Council determination as to the front of the building. Mayor Gourley felt the pro- blem had been presented to the Council - there are several ways it could be handled and a variance is one way. Mayor Gourley called for the question on the Amendment. There were two Ayes, two Nos. The chair cast an Aye vote, the Amendment carried. Mr. Cody asked if there were any member of the Council has a conflict of interest and Mayor Gourley said, No. Mr. Cody asked Mrs. Elsenpeter if she was married, she said, Yes. He asked what her husband did and she said, "He drove a truck ".