09/24/2002 Minutes (2) - Laserfiche WebLink

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standpoint. Mr. Stevenson suggested that they gave their business card to the owners so they could contact them about buffering their property. Mr. O'Malley reminded the commission that they referrer to the master plan. Chapter 8 of the master plan discusses spot zoning of vacant land such as site 41, which he believes is this property and Mr. Margolius property. The Master plan was mistaken and considered the site to be zoned single family cluster in 1992, but it was zoned Single Family. It is not a mistake for the Master Plan to recommend that the sites be rezoned Multiple Residents. The goal of the master plan was to establish unified zoning for the entire area. He suggested that Mr. Margolius has inquired what the Cities intent is regarding his land. Under the Charter, the Planning Commission is not to make a recommendation that is inconsistent with the Master Plan. Therefore, the Law Department recommends Planning Commission does not make a recommendation to Council to rezone the land to Single Family Cluster. Chapter 1136 of the code indicates that Single-Family Cluster zones will be presented as a sub-division for consideration at the same time the rezoning is being considered. At the regularly scheduled meeting that will start at 7:30 p.m. Planning Commission can address the development of the sub-division. The board can address the buildings but should not address the rezoning. Mr. O'Malley believed that the reason for the work session was to receive impute regarding the development of the buildings. Mr. Margolius questioned the Master Plan dated 1992 as to what his land is zoned. Mr. O'Malley invited Mr. Margiouls to review his copy of the Master Plan. Mr. McKay felt that due to the fact that the assistant law director does not want to rezone this land then just request the rezoning of both lots. Alternatively, just send the proposal to Council and let them handle the rezoning. Chairman Koeth indicated that since all sides spoke the work session would end then open Yhe regular scheduled meeting to address the sub division. Mr. Heart a planning consultant for the applicant came forward to address his concerns. He felt that Planning Commission must make a recommendation on the zoning or there will need to be a majority of Council to rezone the land. Mr. O'Malley indicated that whether or not Planning Commission makes a recommendation to not rezone the land or follow the Master Plan it would take the majority of Council to rezone the land. Mr. Heart reviewed his credentials for Planning Commission and suggested that the owners of the land requested his impute as to what the land should be zoned prior to Mr. Corsi getting involved. It is his opinion that the best zoning for this land is Single Family Cluster. The property as it is currently zoned is not profitable. Mr. Hreha suggested having Council look at the zoning and act accordingly. Mr. O'1Vlalley suggested motioning to recommend Council look at changing the master the plan. R. Koeth motioned to recommend Council consider amending the Mater Plan to consider making this parcel Signal Family Cluster. J. Lasko seconded the motion, which was unanimously approved. IV. ADJOURNMENT: R. Koeth motioned to excuse the absence of Board Members; W. Spalding, T. Hreha and adjourned the meeting. K. O'Rourke seconded the motion, which was unanimously approved. Meeting adjourned at 7:30 p.m. Z1oZ- Robert Koeth, Chairman ? /bate: %bonna Rote, Clerk of Commission