10/16/1985 - Laserfiche WebLink

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Commissioner Wodtke noted that the surrounding property owners had not been notified before the Planning & Zoning Commission meeting and wondered if this should go back to the P 6 Z for further consideration after proper notice is given. Director Keating pointed out that the Zoning Ordinance requirements state under Failure to Provide Notice: "The provisions hereof for mailing notices are directory only and failure to mail such notices shall not affect any change or amendment of said Zoning Ordinance. Moreover, failure to maintain a conspicuous notice on the property shall not affect any change or amendment of said Zoning Ordinance." Director Keating believed this gives the Board the opportunity not to hear the request, but does not state that the Board cannot hear it. Commissioner Wodtke noted that we have been pretty consistent over the years in giving proper notification to surrounding property owners in these matters. Mr. Boling advised that there are four surrounding property owners, one of which is the owner of the subject property, B. C. St. Pierre. Chairman Lyons opened the Public Hearing and asked if anyone wished to be heard. George C. Collins, Jr., Attorney representing the surrounding property owners, raised objection to the improper notice of the Planning & Zoning Commission meeting. He felt the provision referred to by Director Keating was intended to cure minor technical defects in the notice; however, this is a major notice. He pointed out that one of his clients, William Row & Company, owner of 160 acres immediately abutting this property did not receive a notice of the Planning 6 Zoning meeting and had they been given the opportunity to appear before that Commission, would have raised major objections at that meeting with regard to site plan, etc., and those matters could have been addressed before coming to this Board. Attorney Collins requested that the 9 BOOK 62 fact 400 OCT 16 1985 J