08/17/2015 Meeting Minutes (2) - Laserfiche WebLink

Home Browse Search

Minutes of the Regular Meeting of Council Monday, August ] 7, 2015 Page 7 think it's come up periodically with every Charter Review Commmission is that in Beta there are a lot of landlords and a lot of tenants. It's not changing a single property. It's usually various uses that get introduced into a particular building. That building inay, have a dozen different uses and what happens is in order to manage that administratively as Paul was saying, Planning and Zoning is often called upon to consider whether it's a conditional use or a special use permit. In many ways, historically, probably for the last 20 years, what has been going on is the Planning and Zoning Commission has been looking at the different kinds of uses and trying to figure out are they really pigeonholed or not. Most codes, Mayfield's one of them, have this ability to be a little more flexible. A variance is a snore structured and a more formal process. My understanding with this is that the thinking was well, we don't take away a referendum vote. I have always been asked this question by every Commission and I have said I can live with it either way. My feeling is that if it goes to referendum, that means that the administration needs to be able to speak to it either for it or against it. Typically when the administration is for a vote, it's going to auger well for the proposition when a municipality or government is opposed, they usually go down in flames. If you looked across the board, you would see that amongst communities. These conditional use permits are kind of a gray area. The management issue has become something that just comes up all of the time. My understanding was this was an effort to be a little more creative, be more specific, put it in front of the Board of Zoning Appeals. There are very specific rules about whether a variance is granted and it has to be unique to that particular proposition. Ultimately Council has to review it like it does any other. There are public sessions. People have a chance to participate. Notices go out, whether it's on the web or you get it in the mail. The idea with the Board of Zoning Appeals is people in close proximity by law get that notification. For Council everything is public. There's plenty of opportunity to weigh in. As Mr. Diemert indicated, even if Council were to vote, there's a 30-day hold period that allows people in the community if they feel it is important enough to go to initiative, they can put it on the ballot. Those due process requirements are still pretty well safeguarded. This wasn't to be a fast one. It's trying to be practical and still very formal. Bob Barclay Thank you. Just in summary, what you are really doing is taking away the right of the electorate to make a decision. Mayor Rinker replied, that's absolutely incorrect. That's not true. Mr. Barclay continued, they had the job in the past of making that decision. Deacon's was one that was in the craw of a lot of people's throat, yet the electorate passed it. I don't know why you want to take away the right that each of us have. It kind of like, you will be back in 5 more years with another slice of the bologna that you want to take away. I hope not. But you better do a lot more convincing to me and some other people.