Agenda - Planning Commission - 01/03/2008

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Zoning Bulletin The foundation was a competitive rowing club founded in association with the Stanton Preparatory High School. The city originally intended to lease the property to Stanton to operate a public rowing park but ultimately cancelled the lease. Saadeh owned several residenti:;tl properties near the boat club and, on multiple occasions, challenged its operation in court. Saadeh claimed, among other things, that the club operated against the land use regula- tions for the district-the property was zoned low density residential- and it constituted a public nuisance. The city amended its zoning code to allow only "neighborhood parks, pocket parks, playgrounds, or recreational structurg's which serve[d] or support[ed] a neighborhood or several adjacent neighborhoods" in the type of district in which the boat club operated. Saadeh filed another action in court, claiming that Stanton operated its property as a "pri- vate club" for the exclusive benefit of Stanton Preparatory High School students. The court found that Saadeh's claim was barred by a principle called res judicata, which bars parties from bringing a previously decid- ed issue back to court. - Saadeh appealed that decision, and the court found in his favor. In the meantime, the city enacted a new ordinance that rezoned the Stan- ton property as a planned l,IDit development-which would allow the operation of the boat house. Saadeh filed a new request in court, asking it to review the city's actions. Saadeh claimed that the city had violated his due process rights by enacting the ordinance and that the ordinance was inconsistent with the city's comprehensive plan. The court denied Saadeh's request, and he appealed. DECISION: Reversed; request granted. The appeals court noted that the test in reviewing a challenge to a zoning action on grounds that a proposed project was inconsistent with the comprehensive land use plan was whether the zoning authority's de- termination that a proposed development conformed to each element and the objectives of the plan was supported by competent and substan- tial evidence. Here, the court found that this was not the case. The original lease arrangement between Stanton and the city, which provided that certain members of the public could use the Stanton prop- erty for rowing and related activities, supporting the classification of the property as a public park. However, with the cancellation of the lease, the use of the property became more consistent with a private club. No- where in the city's land use plan was such a use supported. The zoning district in which the boat house operated was intended as a primarily residential area, permitting housing developments and single 4 54