05/19/2003 Meeting Minutes - Laserfiche WebLink

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Regular Council Meeting 5-19-03 Page 15 Council President Buckholtz asked, discussion? Mr. Marquardt said I have to express my opinion that this would be better handled as a referendum issue to rezone this property rather than a special use permit. Council President Buckholtz asked, any further discussion? This was voted-where, Bernie-at P&Z? Mr. Samac said yes; P&Z recommended it. Mrs. Cinco said and Diane Calta explained how we can use the conditional use permit in this situation. Mr. Riter asked Council President Buckholtz, isn't a conditional use permit meant for using an existing-isn't its true intent to allow for the use of an existing building for a use that that building wasn't intended for rather than taking a piece of property and causing it to be used in a different fashion-I mean isn't that more of a zoning change for that property? Ms. Calta said I would agree that conditional uses have been used with the example that you have given. However, your code has given you the authority to-in the event there's actually a vacant parcel to allow a conditional use permit to create a building and allow a use for that building. Mr. Riter said realistically, what company is going to build a hotel knowing that 3 years from now we can revoke the use. I was at the first Planning and Zoning meeting when they brought up building a hotel. And the developer of the hotel said absolutely; we wouldn't build this if we knew that 3 years from now the Village could revoke this. Ms. Calta said that is exactly one of the questions that Planning Commission had. And Mr. Diemert answered that in a very detailed letter. One of the questions was, essentially, if this is a conditional use permit that is reviewed, how permanent is it? The opinion that Mr. Diemert gave is that it is a conditional use permit with conditions attached. So long as those conditions are complied with that use continues. Effectively, automatically, renewed so long as those conditions are complied with. Just like any building permit or other permit, it is reviewed to, make sure it is in compliance with its use. You'd be doing the same thing. Mr. Marquardt said this could have been accomplished with a use change by a zoning change. Ms. Calta said with a rezoning of the property; yes. I can't speak to whether or not it could actually be rezoned. Council President Buckholtz said if I may echo something that happened a few years back. Some doctors, some physicians wanted to come into a building on Beta in the same type of situation. Granted, it is an interesting point you bring up, it was a pre-existing building as opposed to raw property. and, I too attended that meeting and I know one of the things