Agenda - Planning Commission - 01/07/2010

Home

November 25, 20091 Volume 3 I No. 22 Zoning Bulletin The Residents argued that it could be inferred that at the Confer- ence,. the commissioners "instigated the filing of a new zoning appli- cation." At the Conference, the county attorney had explained that the commissioners could not initiate a rezoning, but that it would be up to GRAAL and Ingram to go back to the Board. Even if that were true, said the Court, and there was "some shad- owy semblance of an issue" as to "whether any business or policy was discussed at the [C]onference," the Conference did not constitute a "meeting." It was clear that the Conference was not held "pursu- ant to schedule, call, or notice ... at a designated time and place." The Conference had not been "called" by a commissioner; rather the county attorney gathered the parties to explain the reasons for the judge's adverse ruling. Moreover, even if the Act had been violated, the court emphasized that no official action was taken at the meet- ing for the court to invalidate. "Rather, the official action was tak- en subsequently," including publication of notice and the holding of hearirigs-all of which complied with the county zoning ordinance. Therefore, said the Court, the Coriference could not "serve as a basis for invalidating the rezoning" of the Land. See also: Red & Black Pub. Co., Inc. v. Board of Regents, 262 Ga. 848, 427 S.E.2d 257, 81 Ed. Law Rep. 600, 21 Media L. Rep. (BNA) 1309 (1993). See also: Board of Com'rs v. Levetan, 270 Ga. 544, 512 S.E.2d 627 (1999). . Accessory Uses-County finds proposed 6,750 square foot barn is a permitted accessory structure to 1,056 square foot house Abutters argue much larger barn is a primary use, not permitted in zoning district Citation: Anderson'v. Board of County Com'rs of Teton County, 2009 WY 122,2009 WL 3171742 (Wyo. 2009) WYOMING (10/06/09)-Robert and Gisela Baltensperger (the "Baltenspergers") owned Lots 4A and 5 in a subdivision in the county~ They resided in a 1,056 square foot home built on Lot 4A, and sought to build a 6,750 square foot barn/equestrian center (the. "barn") on Lot 4A. Lot 4A (as well as the entire subdivision) was in the county's Neighborhood Conservation Single-Family ("NC- SF") zoning district. The primary use of Lot 4A-as a residence- had already been established and conformed to the NC-SF zoning requirements. The Baltenspergers maintained that the barn would 4 @ 2009 Thomson Reuters 44 ,(/,\, I J' , (j ( ) \~ 1 I I