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r AUG 191991 Book 47 FAcE287 THAT ALTHOUGH ATTORNEY O'HAIRE HAS NOW HAD A MONTH TO INVESTIGATE THESE PEOPLE AND PRESENT ANY DEROGATORY INFORMATION, HE HAS NOT PRO- DUCED ANYTHING TO CONVINCE THIS BOARD THAT THESE OWNERS ARE NOT FIT. HE FELT THAT MR. O'HAIRE MUST PROVE THAT THERE IS SOME DAMAGE TO HIM OR THE PARTIES HE REPRESENTS OR THAT THERE IS SPECIFIC HARM TO THE HEALTH AND WELFARE OF THE COMMUNITY; OTHERWISE, HE FELT IT IS INCUMBENT ON THE BOARD TO APPROVE THE SITE PLAN AND REJECT THE APPEAL AS HAVING NO MERIT. ATTORNEY O'HAIRE FELT THE FACT THAT THERE IS NO PUBLIC WATER SUPPLY TO THIS AREA DEMONSTRATES AN IMPACT ON PUBLIC HEALTH AND SAFETY, AND IN ADDITION, NOTED THAT THERE HAS BEEN NO DEMONSTRATION OF AVAILA- BILITY OF A POTABLE WATER SUPPLY, WHICH IS A REQUIREMENT OF SITE PLAN APPROVAL, HE CONTINUED THAT THIS BOARD IS NOT THE PROPER FORUM TO CONSIDER THE MERITS OF A SITE PLAN, AND THE QUESTION AT HAND IS SIMPLY WHETHER OR NOT THE PLANNING & ZONING COMMISSION DID COMPLY WITH THE ORDINANCE. ROBERT REIDER AGREED THAT IS THE MAIN ISSUE. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. DISCUSSION FOLLOWED ON THE WORDING IN THE SITE PLAN ORDINANCE, AND ATTORNEY HOULIHAN QUOTED THE WORDING IN SECTION 23 (A) 3; "AN APPLICATION SHALL BE IN A FORM SUBSTANTIALLY IN ACCORDANCE WITH THE FORM PRESCRIBED BY THE PLANNING & ZONING OFFICE...." HE NOTED THAT AS REGARDS THE 20 DAY PERIOD, IT MERELY STATES THAT THE APPLICA- TION SHALL BE SUBMITTED 20 DAYS BEFORE CONSIDERATION. HE BELIEVED THIS 20 DAYS IS FOR STAFF'S BENEFIT AND PURPOSES OF REVIEW AND THAT IT DOES NOT MANDATE A DORMANT 20 DAY PERIOD. PLANNING DIRECTOR REVER COMMENTED THAT THE SITE PLAN SECTION SAYS THE PARTY SHALL EITHER HAVE OWNERSHIP OR CONTROL OF THE PROPERTY, AND THEY HAVE ALWAYS GONE BY THAT - IF IT IS A TRUSTEE, THEN THEY HAVE WORKED WITH THAT, HE NOTED THAT THEY JUST NEED THE NAME TO COMPARE WITH THE DEED TO VERIFY THE DOCUMENTS; THEY DON'T INVESTIGATE THE PEOPLE. HE STATED THAT WHEN THE PACKETS WERE SENT OUT FOR THE PLANNING & ZONING COMMISSION MEETING, THEY WERE SATISFIED THEY HAD ALL THE INFORMATION NEEDED FOR BOARD REVIEW.