08/22/1979 Council Minutes - Laserfiche WebLink

Home Search

298 August 22, 1979 in 1973 had suggested duplexes. Mr. McLean asked whether the existance of the special use permits should be dealt with by a motion; Mr. Locher agreed. He further asked if the motion should also deal with all other special use permits since the effective date of Ordinance No. 56; Mr. Locher indicated it would also have to cover any issued since that date. Mr. McLean felt that the interpretation of section 6.21 ahould be on record. Mr. Locher indicated that a public hearing would be necessary to amend the ordinance for the inclusion of the words "special use permit" in section 6.21, but for a decision on this particular permit, a public hearing hearing was not required, as it was a matter of interpretation. Mrs. Sarner inquired if the rezones and special use permits that were not in use, those that would be null and void, would require public hearings on each one of them. Mr. Locher suggested that one hearing be held on zoning map and notice be sent to all people affected rather than hold- ing hearings one at a time. Mayor Karth clarified that this applied only to properties where the zoning was never used. A man in the audience asked how the particluar ordinance that dealt with zoning is gotten off the books; Mr. Locher indicated the only way to do so was by amending or repealing it, and giving notice of that action. Mrs. Sarner noted that each time there is a rezoning there is an ordinance written pertaining to that rezoning. Mayor Karth felt that all that was at issue was special use permits, which were null and void under section 6.21 after 3 years; as far as the interpretation of this, a public hearing could be set. However, it was brought up by Mr. Schneider that no special hear- ing would be required for this interpretation. Mr. McLean moved "that the Council resolve to accept an interpretation of section 6.21 that will include both rezone and special use permits as originally intended by those parties involved in drafting this ordinance. Also, this definition is effective with the original date of Ordinance No. 56 and all parties affected by this interpretation must be notified at once by the City so that we can determine the impact on various parties. In order to make this motion effective for purposes of clarification Mr. McLean also moved that an amendment to 6.21 be initiated and a public hearing set." Mr. Schneider seconded the motion. All were in favor, Motion declared passed. Mr. Locher, in reference to the special use permits, said they were now void, but not revoked, that special use permit #27 and all like it, including rezones, were void. Mayor Karth felt the next step would be to get a list of all special use permits that fall in the category. Mrs. Sarner will research this and have the list ready by the last Council meeting in September. Mr. Locher will draft the amendment to the ord= inance. The Public hearing was set for the first meeting in October. Mr. Locher asked if the Council would consider changing section 5.02E to comply with State law; it now required that within 350 feet of any parcel 5 acres or more in area, notification shall be by registered mail; The State statute did not require registered mail, which was expensive. Mr. Schneider moved to have Mr. Locher come up with recommended changes to both sections referred to. Mr. Karth seconded the motion. All were in favor. Motion declared passed. Mr. Locher will these ready by the first meeting in September. Mr. Gourley asked about the situation in reference to special use permits where the use was in existance, but the parties had never complied fully with the conditions set forth on the permit. Mr. McLean said that be- cause of limited manpower, these had not been pursue on a regular basis unless there was a complaint. Mr. Gourley asked if he understood cor- rectly that the Council would initiate a program of reviewing all special use permits on an annual basis. Mayor Karth inidcated this would become