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Agenda - Planning Commission - 09/06/2007
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Agenda - Planning Commission - 09/06/2007
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3/21/2025 9:42:07 AM
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8/31/2007 1:35:24 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
Document Date
09/06/2007
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<br />Zoning Bulletin <br /> <br />require[dJ notice to...ensur[eJ that land use regularions compl[ied] with <br />rhe starewide planning goals, a failure '[0 provide notice of an amendmem <br />affecting a land use regularion [was] a subsrantive matter that [did] nor <br />depend on whether the failure to provide notice prejudiced anyone's par- <br />ticipatory righrs.;' <br />The court found that the land use board had not erred when it deter- <br />mined that the city had failed to perform a statuwry obligation and the <br />case should be sem back to rhe city pending notification to the depart- <br />ment. With regard to the coalition's claims, the court similarly agreed <br />with the land use board. <br />The coalirion claimed that-although it was true that the consolidation <br />of Cedar Landing's applications was permitted by the local development <br />code-the consolidation provision conflicted with state law. State law al- <br />lowed consolidation of applications filed" at one time," not consolidation <br />of applications f1Jed a year apart-as was the case here. <br />The city's code srated that: "[tJhe applicant for a development permit <br />may choose to request approval of all, anyone, or a combination of re- <br />quired plan amhorizations.A request for approval of a specific plan au- <br />thorization may follow, at any time, the application for other required <br />plan amhorizations." The state statute provided that the governing body <br />of a city had to "esmblish a consoli dared procedure by which an appli- <br />cam may apply at one time for all permits or zone changes needed for a <br />development project." <br />The court found, however, that riothing ill the state law precluded the <br />sort of consolidation that occurred and was authorized under the local <br />developmem ordinance in this case. The state starute specified only what <br />cities had to do--establish a procedure for consolidated permit and zone <br />change applications-and nothing in terms of what cities could not do. <br />Finding no error of law by the land use board, its decisions were a..ffi.c--med. <br /> <br />--, -:c:-~::_--_-_ ,;,,-:;..-.,; 7C-;~:-::-'=' "':.::::-" ,'", -,.-b,,-,,-;.; -.-~ -....-" - <br /> <br /> <br />~.2-~~~~ ~~...:.:-:..,-::.:;:.:.~.:?~'.~ <br /> <br />12 <br /> <br />124 <br />
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