Agenda - Planning Commission - 02/03/2011

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December 25, 2010 I Volume 4 I No. 24 Zoning Bulletin the neighborhood and the zoning uses of nearby properties. Factor 4 was met in that the city required the nine -foot wall for noise abate- ment, and the city found it "had no way to address the other issues of EMFs and stray voltage." Factor 6 was met as meeting minutes revealed that city commissioners "considered and recognized the gain to the public [i.e., meeting increased electrical needs] versus the hard- ship on the individual property holders [i.e., increased noise on the Evans' property]." Factor 7 was met as the planning commission rec- ommended the city grant the CUP. Having found these factors were considered by the city in granting the CUP to Westar, the court concluded that the city's decision was "reasonable "; it was "not so wide of the mark that it 1[ay] outside the realm of fair debate." See also: Golden v. City of Overland Park, 224 Kan. 591, 584 P.2d 130 (1978). See also: McPherson Landfill, Inc. v. Board of County Com'rs of Shawnee County, 274 Kan. 303, 49 P.3d 522 (2002). Case Note: As the court noted in its decision: "No one wants to have an electrical substation for a neighbor, but the city commission had to balance all the interests involved, including Westar's, the Evans' and other neighbors', and the community as a whole." The court found it was "reasonable for the [c]ity to plan for the increasing electrical needs of the community" and reasonable to make the restrictions it did in granting We- star's CUP. Zoning News from Around the Nation FLORIDA The Third District Court of Appeals recently "upheld the consti- tutionality of the City of Coral Gables Zoning Code pertaining to trucks parked in residential and commercial areas." The city's zon- ing law "prohibits the parking of trucks in residential areas unless parked in an enclosed garage. It also prohibits the parking of trucks, trailers, commercial or recreational vehicles upon the streets or other public places in the City between the hours of 7:00 p.m. and 7:00 a.m. of the following day." Reportedly, the city's code enforcement officers will now begin issuing warning notices for the overnight 10 © 2010 Thomson Reuters