Laserfiche WebLink
Mr. Mark Vyvyan <br />March 29, 2007 <br />Page 2 <br />I know that you are likely aware that the caselaw indicates that approval of a land use <br />application is an indication that the governing body believes that all pertinent requirements of <br />the ordinance have been met. The City Council certainly believed that in this case, as do I. We <br />simply have a disagreement as to the interpretation of the ordinance. I am also certain you are <br />aware, courts look to the interpretation of an ordinance given by the governing body as an aid <br />in construction of that ordinance. <br />Finally, I might note that even if your interpretation were correct, if I am understanding <br />the second issue you raised, then that would be proof that the conditions in Subdivision D«-ere <br />met. You say if the Cul-De-Sac is expanded then se*backs ma}� not be in compliance with the <br />City Code. That certainl�� would suggest that there are restrictions on the existing right-of-way <br />that would come into pla�� �vhich, under your argument, would justify approval of the Cul-De- <br />Sac. <br />I have taken a considerable amount of time to review this matter. I have conferred with <br />staff and revie�ved applicable la�v and the ordinances. We certainly take Mr. Boryczka's <br />concerns seriously, and ha��e looked into the same. We disagree �vith the conclusions you have <br />reached. <br />Please feel free to contact me with other questions that you may have. <br />Very truly yours, <br />���T - - <br />Scott T. Anderson <br />STA/cmp <br />cc: Duane Schwartz <br />Deborah Bloom <br />John Stark <br />RR�1� =103381 <br />