Agenda - Planning Commission - 07/01/2004

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Z.B. May 25, 2004 -- Page 5 The city appealed, arguing it had amended the offending portion of the ordinance, although, through an internal error, it had not been recorded yet. DECISION: Reversed. It was clear the city council and the mayor amended the zoning ordinance to include the community center deletion before Christ Church challenged it. First, a letter from the managing editor of the Journal Of Proceedings of the city acknowledged that the Journal entry recording the amendment contained a printing error by failing to reflect the deletion "as did the original docu- ment,'' and calling it an inadvertent omission. Also, to correct the printing error, the city council did not vote again to exclude recreation buildings and community centers. Rather, the city council simply approved a correction to the Journal at its regular meeting. This Ndi- cared that the city council believed the amendments contained the Community center deletion, and that the failure to note it in the Journal did not affect it. Finally, the zoning administrator for the city of Chicago testified he under- stood the amendment to contain the community center deletion. It did-not ap- pear, based on the evidence, that any recreation or community center attempted to locate in a similar district after the amendment prohibiting them. see also: United Stares v. Gibson, 356 F. 3d 761 (2004). see also: Cities Service Oil Co. v. City o#Des Plaines, 171 N.E. 2d 605 (1961). Religious Use -- Church wants to build new meetinghouse City rejects church's proposal Citation: Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Ci~. of Wesr Linn, Court of Appeals of Oregon, No. A]22194 (2004) OREGON (03/24/04) -- The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints applied to the city of West Linn for a conditional use permit to build a church meetinghouse in a residential neigh- borhood. The church proposed building a I7,000-square foot, 28-foot high, single story structure, surrounded on three sides by parking lots providing 179 park- ing spaces. It wanted such a large structure because the church's other nearby meetinghouses were crowded. The city denied the permit, finding no buffer could adequately screen the parking lot r~rom surrounding residences; the proposed building would not be appropriate in a residential zone: local roads were not adequate to serve the proposed meetinghouse: and the meetinghouse was not compatible with ad- joining residential uses. The church sued, and the court ruled in its favor. The city appealed. ,O 20(14 C3uinlan PuUiisnin9 G~oup. Any reproduction is prohibited. For more information please call {6.17) 542-0048.