1/9/1980 - Laserfiche WebLink

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SHE WOULD PREFER TO -FOLLOW STAFF RECOMMENDATION AND DENY THIS;REQUEST RATHER THAN SET A PRECEDENT AND USE THE RESOLUTION TO GET AROUND THE INTENT OF THE REGULATIONS. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS- SIONER DEESON, TO DENY THE REQUEST FOR A PUBLIC HEARING ON RESUB- DIVIDING LOTS 1 AND 7 IN ORANGE TERRACE SUBDIVISION. ATTORNEY COLLINS FELT, FROM A DUE PROCESS STANDPOINT, PROBABLY A PUBLIC HEARING SHOULD BE HELD, BUT FELT IF THE APPLICANT UNDERSTANDS THE SENTIMENTS OF THE BOARD, HE MIGHT PREFER NOT TO GO AHEAD WITH A PUBLIC HEARING. COMMISSIONER Loy WITHDREW HER MOTION AND COMMISSIONER DEESON WITHDREW HIS SECOND. FRANK ZORC STATED THAT HE WISHED TO HAVE A PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, TO AUTHORIZE PROPER NOTICE OF A PUBLIC HEARING AS REQUESTED BY MR. ZORC AS DISCUSSED ABOVE, TO BE HELD JANUARY 23, 1980 AT 11:30 O'CLOCK A.M. ATTORNEY COLLINS FELT THE BURDEN SHOULD BE PUT ON THE APPLICANT TO MAIL THE NOTICES AND NOTIFY ALL THE BENEFICIAL OWNERS, CHAIRMAN SIEBERT AGREED AND STATED THAT HE WISHED MR. ZORC TO HAVE THE RECEIPTS CERTIFYING THAT THESE NOTICES HAVE BEEN MAILED IN THE COMMISSION OFFICE NOT LATER THAN NEXT WEDNESDAY WHEN THE AGENDA IS SET. COMMISSIONER LYONS STATED IN THAT CASE HE WOULD VOTE AGAINST THE MOTION AS HE DID NOT FEEL THE APPLICANT SHOULD HAVE TO MAIL THE NOTICES, WHICH IS AN UNUSUAL SITUATION. ATTORNEY COLLINS AGREED IT IS UNUSUAL, BUT FELT IT IS COMPARABLE TO REQUESTS FOR FRANCHISES WHERE THE BURDEN OF NOTICING IS ON THE REQUESTOR. THE CHAIRMAN CALLED FOR THE QUESTION. IT CARRIED WITH COMMISSIONER LYONS VOTING IN OPPOSITION. ATTORNEY SAM BLOCK CAME BEFORE THE BOARD REPRESENTING KENNETH SCHINDLER IN HIS APPEAL OF THE PLANNING & ZONING COMMISSION'S ADVERSE DECISION REGARDING HIS SITE PLAN, AS EXPLAINED IN THE FOLLOWING LETTERS: JAN 91980 85 BOOK 501