03/07/05 Regular - Laserfiche WebLink

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Regular Meeting March 7, 2005 tonight. This is the first time this question has been asked and he said he is shocked that we do not have the right legal answer here. He supports the decision to table this until we receive some legal advice on these very legitimate questions. Mayor Adams added that the subdivision would not “happen” unless he had control of the property. Even if the Council approved the subdividing of that property, it cannot happen unless the owner of the property had control over those eighteen feet. In other words, even if the Council approves Bill No. 8759, the subdivision could not move forward, unless he had control of the property, because it would then be two unbuildable lots. Ms. Brot said it was explained to her that “we must go according to the feet and the setback and several legal numbers.” We did not want to do this because we agreed with the neighbors. It is no consolation that she and Mr. Wagner now have an idea for an Infill Review Board. She said she is “stymied by this” because of the requirement to meet a certain number of feet and if Mr. Anselmo does not own the feet, then how can the Council approve it? If the City Attorney said that this is all right, then they will approve it. Mr. Wagner asked the question, “what is the legal standing of the City in regards to this issue” and until the Council can provide the legal answer to the question, he does not see how the Council can vote on it. Mayor Adams said that the Bill had been tabled. Mr. Wagner responded that he was “just justifying that” and the Mayor said his purpose was to explain “title theory” and then apologized for trying to do so. The Mayor continued to say that the attorney was correct when he said the Council sometimes approves some type of new development. They may not physically have the title, but they have the option to buy based upon the approval of the zoning. In other words, are we now saying that if a person has the option to buy property, and they want to rezone it and it is something we want them to rezone, that they cannot have that rezoning until they physically own the property? He wanted to establish the order in which these steps needed to be taken and posed this question. Mr. Wagner and Mr. Sharpe both said there is no answer at this time. BILLS FOR INTRODUCTION 1. Mr. Sharpe introduced Bill Number 8760: AN ORDINANCE AMENDING CHAPTER 34 OF THE CITY ZONING CODE RELATING TO ESTABLISHMENT OF ZONING DISTRICTS AND ALSO RELATING TO PD-PLANNED DEVELOPMENT DISTRICTS BY AMENDING SECTIONS 34-21 AND 34-40 SO AS TO ADD PD-M-PLANNED Page 12