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2/5/1991
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2/5/1991
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7/23/2015 12:03:08 PM
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6/16/2015 10:06:35 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
02/05/1991
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r a � <br />Attorney Vitunac asked if the applicant had enough time to <br />make the proper response if he chose to do so, and Director <br />Boling replied affirmatively. <br />Edmund Lappeman, property owner and petitioner in this <br />appeal, stressed that the petition today is for the right to have <br />his application reviewed rather than to reach a conclusion on the <br />site plan itself. One of the contentions here is that the <br />Planning & Zoning Commission improperly interpreted the plain <br />language of Section 23.3 and 23.3 (f)(1) of the Code and that the <br />decision to reject the application as incomplete was erroneous. <br />Apparently reading from the Appeal_ of Decision filed by James <br />Young of Kimley-Horn and Associates on November 21, 1990, Mr. <br />Lappeman made the following.assertions: <br />M. THE PLANNING AND ZONING COMMISSION IMPROPERLY INTERPRETED. <br />THE PLAIN LANGUAGE OF § 23.3 AND § 23.3(f)(1) OF THE CODE AND THE <br />DECISION TO REJECT THE APPLICATION AS INCOMPLETE WAS ERRONEOUS <br />A. Section 23.2 is entitled "Required Site ,Plan Submittals" and specifically sets .- <br />forth each item of information required in an application for site plan approval. County <br />staff agree that every requirement of that section was met by Mr. Lappeman's application <br />except one: staff contend that the requirement of § 23.2(1)(10) was not met. <br />B. Section 23.2(f)(10) states that a site plan application must contain the following <br />information "in graphic or written form:" <br />(10) Specific boundaries and acreage of <br />wetlands and other environmentally sensitive <br />areas, as appropriate. <br />C. Mr. Lappeman provided more than sufficient information to satisfy the limited <br />requirements of §23.2(f)(10). The following information was contained in the application: <br />Mr. Lappeman reiterated that the whole argument here has <br />been one of review and they simply wanted to go through the <br />process. <br />Chairman Bird believed that it is staff's contention that in <br />order to start the review process, a certain amount of basic <br />23 ILC�Ci{ Ci 1 F'AvE 50-L <br />
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