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W1$f2008 THU 15:01 Fax U0061010 ' Planning and "GQxaiztg Meeting Minutes Deccmber 3, 2007 Page 5 Mr. Marq,uardt stated that is vvlYat referendum zoning is about. Chairman Farmer sfated that the public would have ta vote if we carne up with #hxs mixed use zoning to be put irtto that azea. Mr. kegax? stated that there is a big dxffexence between cvnstructirtg a 380 faot eniranee on buildings adjaining ottr property and making it aecessible to people, Mr. Regan agrees with the issue of precedent setting, iaut he does not thinlc this is preeedent setting. Taking that building and saying, we will use the power ta do that, that is a Iat different thau saying, we have thXS building here, we tl*ilc that the Qublic can access that buxlding better more often and it goes a long way towaxds. the Master Plan or laok in the Village. That's a whole bxg di#'ference. Mr. Regan has a whole big problem about the Mastez PIan and 2020 makang proposals that wind up being ma.ndated decisians, whe#her it be here or in Council versus the referendum rroting. Thi.s item is xnuctZ different. Truly we are voting Qn the pztblic welfare here. Mr.Marrotte sa.id that what you are setting here is a precedent that if the Village happens to own the piece of pxoperty, it can circumvent any zoning. That's the point that Mx. Marrorte and Mr.Marquardt is getting at. _ Mr. Diemert stated, that is not a precEdmt -- Mr. Marquardt said that is exacily rvhst you are saying about using this pieee of property out here for a coffee shap that you say you would aot agree with, but yau are opening th,e d.oQr to that intcrpretatipn. Mr. Regan sWed that we are opening the door and lo4king at Yhe public good and the public welfare. Mr. Niarquardi saxd yau can take the same argument about the coffee shop. Mt'. Regan said that is a Zousy argument. That's noi a precedent. hlr. Uiemert stated that zt is not A new precedent anyway. Tlus has been the law fax $0 years. Everyone in Qhiv has lived wxfih tf1e 1aw. Thcre have been no abuses. When there waS in CinCinnatt, tk]e cput`t5 OVerrode it. Mz. Marrotte asked x•f that means for commeFCial retail purposes. Mr. rJiemert stated he wauld tlinlc so. If you put that next to residential homes. ? Mr. Arrotte asked that when the action has been taken, is that specxfically when the ' question was ;teiail commercial. W. D'nemert replied in that case it was, but that is 80 years ago. ']Chere ha^ve been a lof of cases since therz, Mr. Diemert does not know what is going on hexe at tlii.s facility