Agenda - Planning Commission - 02/05/2004

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December 10, 2003 -- Page 3 St. L~uis due to water line breaks on property owned by the college, which was not pgrt of the city's water main. The college sued the city for the damage because the city had Paved over the r4anhole cover providing access to the fire line shutoff valve and no mark- ings i~dicated the location of that manhole cover. Consequently, the valve shutoff was ~naccessible and could not be located for approximately five hours after the ffOodtng began. When the city paved over the manhole cover, the ordinance in effect placed the: d..Qty on the landowner to keep shutoff valves accessible. The ordinance in effeci when the flooding occurred placed this duty on the city. 'be court ruled in favor of the college. T~e city appealed. DE~ISION: Reversed. ~e city was not responsible for the damage. At the time of the repaying that covered the manhole, the city ordinance provided that all shutoff valves were the responsibility of the landowner. The college [lad drawings indicating the location of the shutoff valve box, and it was its responsibility to keep them clear and accessible. /~lthough a later ordinance put this duty on the city, the ordinance was no.t retroimtive. To be retroactive, such intention would have had to be clearly stated. ~the ordinance was interpreted retroactively, the city would have to re- vieV¢ every street it ever repaved to locate, expose, and make accessible al/ conCealed valve boxes for water service lines of city property owners. A more reas4nable interpretation would make the city responsible only for valve boxes and Water service lines concealed after the new ordinance placed their resPon- siloil~ty in the hands of the city. Citaiion: The Junior College District of St. Louis v. City of St. Louis, Court of Appeals of Missouri, Eastern District, Div. I, No. ED81496 (2003). see Olso: Teefey v. Board of Zoning Adjustment of Kansas City, 24 S. W..3d 681 (2000). see also: Keenan v. Miriam Found, 784 S.W. 2d 298 (1990). Variance -- Church wants to use existing neighboring building as newlchurch Claims zoning code burdens free exercise of religion OHiO (09/19/03) -- Davis and his H.O.RE. Word Church of Chr/st wanted to establish a new church in a vacant building next door to the old one. The church had been sharing space at the new location with the Hope Out_ reach Center, a nonprofit organization operated by Davis's wife 'performing commurdty, educational, and family services. The outreach center and the church opegtted {)ut or' a former Kroger store, which also housed a food-and-clothing tenor and a Habitat for Humanity office. 135