06/12/2000 Meeting Minutes - Laserfiche WebLink

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Minutes of a Special Meeting of Council 6/12/00 Page 6 Dr. Parker said Council previously discussed possibly a formal study in an organized fashion for changes to Beta Drive and he doesn't think we want to be rezoning individual parcels and we need to be very careful when we change zoning; further, if we want to change the nature of Beta Drive, we should have some formal study done, some knowledgeable examination and put it before the people to decide. Mrs. Mills asked Mr. Diemert if he felt that this was a change in zoning. Mr. Diemert advised the code does allow for special uses to be granted. This Council in the past, not these members but Councils in the past, have granted Special Use Permits for occupations which are not permitted throughout the Village. Therefore, there has been that use of the Special Use Permits granted. Is this granting a use that is not allowed by the code, yes; this is a charter provision that says changes in zoning have to be approved by the voters, yes, but no one has ever challenged Council's authority for granting special use permits and they have been granted in the past. No one has ever challenged that this is unconstitutional. This is a provision in the code that it is presumed to be a lawful provision. OPEN PORTION - 3 minute limit imposed by Chair. Those who wish to speak must first state their name and address. This open portion is limited to discussion pertaining to the items under "New Business" only. Wes Marrotte from Planning and Zoning felt that Council was taking the position that under no circumstances will they grant the Special Use Permit because it is contrary to the Village charter. Council President Marquardt said he stated his position was his own, and he was not speaking for all of Council. He further advised that he felt the combination of the Special Use Permits and the variances being granted were changes in zoning in this particular situation only. Jim Farmer from Planning and Zoning said he felt there was a real need for Council, Planning and Zoning, the Board of Zoning and Appeals and the administration to get together and lay out some kind of goals and objectives for the Village. He stated he is confused; this is an extreme measure to bring, to rescind something that you already passed and there was no discussion as to why this was being rescinded at this point. He further pointed out the Panzica group has been attending all these meetings and you would think was getting encouragement; they were trying to go in the direction they thought the Village was leading them and then to have a special called meeting, a motion to rescind without a discussion and it's over and as chairman of the Planning and Zoning, he wants to work better together as a group. He said right now you have a frustrated Planning and Zoning and Board of Zoning and Appeals. He is not sure what they did wrong, if anything; he is embarrassed in front of Panzica and thinks they need direction as a group. He feels we are not operating well as a Village in his mind. He would hope that they would take it upon themselves to work together.