HomeMy WebLinkAboutA002 - memo regarding erros in rezoning ordinances 2397 and 2399 ti M
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OFFICE NIEL ATORLANIDUN1
TO Honorable Mayor and Members of Council DATE Sept. 14, 1972
FROM J. R. Castner, City Manager
SUBJECT
The Planning Department and I have recently checked two ordinances concerning the
rezoning of property. It has been found that the adopted ordinances do not correctly
describe the rezonings as they should.
Ordinance No. 2397
Enacted on April 18, 1972 and concerns the rezoning from "R-2" to "R-3"
of a tract of land west of the 11C-5" Shopping Center District on West Ontario.
The legal description contained in the ordinance is deficient in that a sentence
was left out. This, in effect, rezones to 1IR-3" a much larger piece of land
as shown on the attached drawing. The intended rezoning is also shown on
the drawing.
Ordinance No. 2399
Enacted on April 25, 1972 and concerns Frank Schill's Country Gables
Subdivision in the southern part of the City. As you may recall, there was
much discussion over a line of lots in the southwest corner of the subdivision. .
The outcome of the discussion was that.these, lots would remain in aWIR-1It
District. The ordinance was to be amended to exclude the lots from the
rezoning and it was directed that this exception be drafted into the ordinance.
This exception was not placed correctly in the ordinance. This, in effect,
makes a small piece of land either-unzoned or zoned "R-3" - according to
one's interpretation of the ordinance. This is shown on the attached map.
I have taken the liberty of asking the City Attorney to draft two ordinances, copies
of which are enclosed, to correct the situation. The draft marked 111" corrects the
situation of Ordince No. 2397, and the draft of the ordinance marked 112" corrects
the situation created by the passage of the ordinance 2399.
I strongly recommend to the City Council that they take immediate action to correct
these two zoning errors. The ordinances will not be on the agenda for the Council
meeting of September 19, but they are prepared in case the- City Council wishes to
consider them at your convenience.
JRC/hw
Enclosure
cc: Larry Asaro