02/26/1973 Council Minutes - Laserfiche WebLink

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98 February 26, 1973 asked for the recommendations of the P&Z Board. Mr. Marier said the P&Z had a legal question as to the rezoning of the lands. He asked if publication and a Public heeri ng wasn't required for rezoning. Mr. Busch said our Ordinance reads that resoning is at the discretion of the Council ; that U. S. Lakes in entirely agreeable to the RI zoning asked for by the P&Z. He also questioned a Public hearing for rezoning. Mr. Locher said that a Public hearing is required by State Statues. The requirement is not included in the Village Ordinance because of this. We must comply with State Law on publication and hearing. Mr. Marier understood th i s to mean that we must wait for a Pub.l i c hearing on the rezoning before acting on the vacation of street and easements and the plat in the Lakes Addition #3. Mr. Busch replied that their applications were for variances. Part of the land in the plat was zoned Ag and Part R-4. The company is agreeable to rezoning to RI and he would urge the Counci I to approve the Plat in order for the company to finialize their sales program for the coming year. He said that approval of the s under r resent since RI is allowed in both area n plat is not dependent on rezoning in p zoning. He would hope the Council would continue this hearing on the platting and vacations of streets and easements at this meeting. Mr. Locher said that in order to rezone there must be notice of public hearing published 10 days prior to the hearing. Mr. McLean asked why this was not included in the package. Mr. Locher said it was an oversight. There was discussion on the usage of R4 zoning and RI zoning and what is allwoed in each zoning district. Mr. Busch was asked if they only plan single family homes in that area and he answered that they were. Mr. McLean said the purpose of the rezoning was to prevent any construction other than single family dwe I I i ngs. Mr. Jaworski asked if the plat could be approved as presented and the vacation of the streets and easements approved with the stipulation that the rezoning be approved at a leter date. Mr. Marier said if you approve the plat with out rezoning, then you shut the door to the people in the area who might object. Mr. Jaworski asked who was affected outside of the people in the area? He asked the acreage in the outlots that are being considered for rezoning. Mr. Busch said that outlot C has 9.5 acrea; outlot G has 14.8 acres, and Outlot I has 23.3 acres. Mr. Locher said pablication 10 days before the hearing is all that is nec essary for a hearing on the 26th of March. Mr. McLean suggested approveal of the plat and Vacations contingent upon rezoning inorder not to hold up construction of U. S. Lakes. Tkrere was a suggestion to hold the rezoning hearing on the 13th of March at a special hearing. Mr. Zelinka moved to set a special meeting for public hearing on the rezoning in Lakes Addition #3 for 8:00 P. M. , March 13, 1973. Seconded by Mr. Cardinal . Motion carried.