08/23/1977 Meeting Minutes - Laserfiche WebLink

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-3- 1~3 i•ir. Bordonaro asked if he was right in assuming that we could appeal now and later drop the appeal if the voters decided they wanted it to be put on a ballot. T~ir. Grogan said he didn't feel anymore building Hermits should be issued in that area until things were settled. AIr. Burnes said that the mere fact that the people adopted the zoning does not deprive the owner to develops the land as he sees fit. In a fact it is unconstitutional if he is deprived of this right. ~iavor Beebe said that `:the people moved here for a residential area and urges Council to appeal. Mayor Beebe said Council gave ~Ir. LaConti a variance to expand his Golf Course and this is how he is repaving the Village. Doctor Karfes asked for an explanation of the appeal. Prr. Grogan said the land was commercial and in 1972 it was zoned back to residential by Council. TVir. LaConti appealed and the -judge ruled it back to commercial. The land is commercial until a different decision is given, Via an appeal. Ruth Gilles said this land was zoned previous to the Charter and how can it be put to the electroate. idr. Burnes . in ansc.~er to Dr. ICarfes' question; the effect of an appeal would would prevent any developer from obtaining construction financing. Pdo lending institution will lend money while an appeal is pending, T~2r. Burnes said to Mrs. Gilles, the Charter provides that if there is any chance in zoning,. it has to go to the vote of the people. i•iarcia Jarmush,. 6791 Hickory Hill Dr.; asked the question of the procedure involved to get it zoned residential. It cuas stated that Council would have to appeal the fudge's decision or the people could go the route of an initiative petition. Pat LaConti stated that he bought Industrial Zoned property and it was his constitutional right not to have it rezoned to residential. i~2r. Santo Basile, 5771 Metro Park Dr.; said the property was layered type when i~ir. LaConti purchased it and the Court returned it to laver zoning. t~~e can't fill the Industrial Park nowr why a need for another: Mr. Basile was corrected by i~Ir. ~;aConti as to when he purchased the property. I~Ir. Groczan said there was an in-iunction on the Industrial Park preventing further development. ivir. Barclay, seconded by Mr. Busa~ made a motion to pass Resolution 995.