03/05/85 - Laserfiche WebLink

Home

that the Watershed Board has the authority to control flooding; the implied law was that by building, you contribute to flooding. 4. Confiscalatory zoning - Case in Wilmar where the City wanted land for a parking lot; the City downzoned the land and took out a first option to purchase the property; the Supreme court ruled in favor of the property owner as the City essentially took the land by zoning rather than paying the owner fair market value. Property owners also won in a case where the City zoned commercial property unbuildable in order to attain enough property needed for airport expansion. 5. With respect to Ordinances regarding shoreland, wild and scenic rivers, critical rivers, flood plain and watershed; none of these ordinances have enforcement power. ~he enforcement power is passed specifically with ordinances initiated by Planning and Zoning commissions. 6. Any decisions made by Planning and Zoning oommissions should be backed up by facts. 7. We are not bound by previous mistakes; we do not have to let previous actions taken that proved to be a mistake, set a precedent. 8. ~he city does have the power to enforce it's conformance standards. Chairman Peterson inquired as to the consequences if a building was allowed in the flood plain prior to the flood plain ordinance being adopted; can the City enforce eompliance and order the building removed? Commissioner Zimmerman replied that this type of enforcement would fall under the amortization clause; separate ordinances have to be written for enforcement purposes. 9. Make sure the findings of fact are doc~ented and back up the decision made. 10. With respect to public hearings: a) the purpose is to gain addtional information; b) developer should provide city with all pertinent information; c) don't make a decision on the same night as the hearing in major cases; d) those favoring the proposal should be heard first and those opposed should be heard second; e) persons giving statements should give name and address; f) all statements should be directed to the chairperson; g) all statements should be factual and refrain from repetition; h) do not involve personalities; i) Planning and Zoning Commissions and Councils reserve the right to question any speaker; j) hearing will adjourn after all persons have had the opportunity to be heard; k) republicizing is not required for a hearing continuation; 1) microphones should be used at the hearing; m) as the public hearing in major cases. 11. Minutes should be recorded of meetings and hearings. Cormmissioner Hendriksen suggested that minutes of this Commission's workshop sessions might have been beneficial as not all members were able to attend all sessions and they might have had input to what was discussed. February 5, 1985 Page 5 of 7