Correspondence - Laserfiche WebLink

Home

"Albert (cont): on that as weIland that this Board set a time limit as to when it will be submitted. @ Gorham: That petition will also be made a part of this hearing. . Mr. Goodrich: Mr. Chairman, until the appropriate briefs etc. have been submitted, until then, I recommend that the hearing be continued and that the recora be kept open. Gorham: I would agree with that. this meeting until a further date. Does that agree with the Board? That we will continue In case, we would like to gather more testimony here. Goodrich: With the understanding, I think, that would be fair that the appelants at this point have rested if Mr. Albert, I think, it would ba fair for you to have an opportunity to present rebuttal witnesses, and any other people who have not been heard. Albert: I have probably asked all the questions that I want to ask. Principally, there are a lot more questions involved ina hearing from other questions of irregularities which are here now appear on the face of the record and sworn statements which appear in the petition which are contrary to previous statements and what is tantamount to accusttions o~ a conspiracy of conflict of interest not supported by any evidence to present here and all of which is et forth in the petition and all there is to yet. But, I wish to have some kind of a time limit vlithin "i'Jhich our memorandums are to be submitted becuase our council for our firm 1"ill probably do that. I would like to give him some time. He is considering the question of whether or not some action other than libal should be brought against these petitioners. So, I would like to have some judgement pretty quickly. Goodrich: With the understanding, Sir, that the Board of Adjustment has 45 days from the last hearing, the adjournment of the hearing to make its decision and that from the .statute that the planning commission has to review the matter. Albert: I don't think that's true at all. Goodrich: That's what the statute says. SEVERftL PEOPLE SPEAKING Oliphant: He's the City Attorney, Mr. Albert, he's advising the Council. Albert: I know, but I would like to see where it says in the statutes where the\~Planning Commission reviews but the action of a Board of appeals on this matter. Goodrich: O:K. Mr. Albert. That's MSA 462.354, subdivision 2, itls the last full sentence. In any municipality in which the planning agency does not act as the Board of Adjustments and Appeals, the Board shall make no decision onan appeal or a petition until the planning agency, if there is one, (and we have one), or representive thought authorized by it, has had a reasonable opportunity not to exceed 60 days to review and report to the Board of Adjustment and appeals upon the appeal or petition. Albert: What section is that? Goodrich: 462.354. Albert: Assuming the matter is properly before the Council before this body. .oodrich: You may assume that. Gorham: What do you feel '\-TOuld be a reasonable date for concerning all these documents? Oliphant: You mean the brief? Gorham: Yes.