Planning and Zoning Violates 2411.03 Proof

City Violates 2411.03 of the Ordinance

The city was required by law to render a decision for or against the treehouse. If the decision was against the treehouse, the city was required to provide a reason. The city violated 2411.03 with a 4 to 1 "no recommendation" vote. The city could not even prove that the treehouse violated the ordinance.

Ordinance 2411.03 Public Hearings Before the Planning Commission:
Only a majority vote of a quorum of the members of the Commission shall carry a motion to approve or deny an application for a variance, conditional use permit or amendment to the text of this Ordinance or the Official Zoning Map. Only in case of a tie vote may an application be forwarded to the Mayor and Board of Aldermen "without recommendation".

Here is the Vote 4 to 1. (There is no tie vote.)

BY MR. CAMPBELL: Tammy, that was Mrs. Peace, no --I mean, yes. Mrs. Sherer, yes. Mrs. King, yes. Mr. Albritton, yes, and Mr. Martin, no. And I have abstained as chairman. Okay. Got all that? All right.

City attorney, Ken Dreher, approves illegal motion.

BY MR. DREHER: The motion is to pass it on to the mayor and board of aldermen with no recommendation from the zoning board. Is that correct? << Bad legal advice from city attorney
BY MR. CAMPBELL: That's correct.
BY MR. CAMPBELL: We can flat turn it all down and deny this request for conditional use. You can grant the approval of the conditional use. You can table it, or you can make a decision that we don't have enough information, that it can go to the mayor and board of aldermen without a recommendation to the mayor and board of aldermen. So I think those are your basic choices. Have I stated that correctly, Mr. Dreher?
BY MR. DREHER: I believe that about covers it. << Bad legal advice from city attorney
BY MR. CAMPBELL: So the recommendation is to pass it on to the mayor and board of aldermen for their consideration.
BY MRS. SHERER: That's correct.
BY UNIDENTIFIED LADY IN AUDIENCE: This is what passing the buck means.

Public hearing transcript and 2411.03 and City ordinance.