2008-77 AMENDING ZONING ORDINANCE - XXIV. OFF-STREET PARKING AND LOADING REQUIREMENTS

Home Browse Search

City Plan Commission ' October 2,2008 Page 2 Section XXIXG. of the Zoning Ordinance requires the Plan Commissi n to hold a public hearing and make recommendations to the City Council on amendments to the Zoning Ordinance. A motion to forward Calendar Number 08-56 to City Council with a reco�nmendation of approval is suggested. Mr. Mickler asked how the 100 feet came about, why not 50 or 120 feet, and asked whether there is some kind of formula used. Ms. Stickle stated that there is no formula; it is a considerable length and it gives some distance between neighbors and the flow of dust. Mr. Jackson asked for a clarification on the last sentence, "There shall be no appeal of the Economic and Urban Development Director's review and decision" which implies if the sentence were not there, there would be room for an appeal. Ms. Stickle stated that it is based on the alternative compliance found �n the landscaping section; it does not allow for an appeal of the decision. Mr. Mickler asked if there was an appeal process through the City Cou�cil. Mr. Crowe stated that the Zoning Ordinance has a section allowing appeals to move to the Zoning Board of Appeals. Mr. Crowe stated that the interpretation by an administrative official can be appealed and that the Zoning Board of Appeals can rule that the interpretation was in error, which is always in effect for any section of the Zoning Ordinance. Mr. Crowe stated that for landscaping and pavement, the Zoning Board of Appeals does not have the power to grant variances. Variances to the Zoning Ordinance cannot be granted on the basis an individual wants the variance because of an economic hardship. Mr. Livingston recommended clarifying or removing the sentence "There shall be no appeal of I'� the Economic and Urban Development Directar's review and decision". Mr. Livingston asked how the sentence could be clarified. Mr. Crowe stated that it depends on whether the individual would want to appeal to the Zoning Board of Appeals or to the City Council. If the intent of the Plan �ommission is to give the individual another appeal beyond the administrative review, the Com� ission would need to be specific as to where you would want the appeal to go. Mr. Smith asked that if the Commission made a recommendation to s rike the last sentence and the administrator makes his decision, does the individual have the rigHt to appeal if he disagrees with the decision. Mr. Crowe stated that it is not one of the duties/powers of the Zoning Board of Appeals to make a decision on alternative pavement. Mr. Livingston stated that he wanted to make sure people knew their rights and were not given the wrong impression.