Minutes-05/07/1981 (2)

Spivey and Formanek stated that they thought a city had to have zoning. Murray stated that it is not required. Hoefer: State law supersedes city ordinance. Potter: Would like to vote for R-2 zoning on lot at 321 Grant Street but can't at this time. Formanek: Board of Adjustment needs to be created by ordinance. Birthcer: Could lot be zoned for commercial use? Formanek: New request would have to go through entire procedure for publication and hearing. Hoefer: Follow normal procedures to adopt ordinance to create Board of Adjustment. Spivey: Motion to postpone request by Beverly Birthcer to rezone lot at 321 Grant Street from R-1 (single family residential) to R-2 (duplex) until next regular meeting on May 13th. Second by Potter. Roll call vote: Madden, aye; Potter, aye; Spivey, aye; Rohret, aye; Williams, aye. Motion carried unanimously. Birthcer: Engineer says he used city map to draw up zoning map. Spivey: Maps are drawn by someone other than the Council. It is not a Council mistake if a mistake was made. Council has been following map. Formanek: Engineer would have researched property lines at Johnson County court house. Murray: Property line shown on play of Sadler Addition. Birthcer: Engineer said he did not research property line at court house. Lot at 321 Grant Street is not a part of the Sadler Subdivision and was not surveyed at the time the addition was made. Lines on that map on Birthcer's property were arbitrarily drawn. Murray: If it is a mistake it could be amended to correct it. Adjourn by acclamation at 8:15 p.m.