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Do I have to go?

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mike gurnee

Cyburbian
Messages
3,066
Points
31
Conditional use public hearing tomorrow night for a tattoo parlor. Only item on the agenda. The property owner has publicly stated he will not rent to the parlor. If the applicant shows up, he will be arrested and extradited to Nevada on a morals charge. But...the applicant has not withdrawn the petition.
 
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sal95

Cyburbian
Messages
65
Points
4
no owner consent??

Here in Manhattan, KS and other cities that I've worked at, one of the crucial parts of any application was the property owner's signature if the applicant was not the owner (no signature=no legal ad). I had a property owner change her mind about leasing to a tavern that would need a Conditional Use two (2) days before the meeting. . .she wrote a letter withdrawing her consent and it was all a no-go. Of course it was irritating that the report and everything was done. . .
 
prudence

prudence

Cyburbian
Messages
688
Points
20
Re: no owner consent??

sal95 said:
Here in Manhattan, KS and other cities that I've worked at, one of the crucial parts of any application was the property owner's signature if the applicant was not the owner (no signature=no legal ad).
Click to expand...

I wondered that myself. How do you let a petitioner alter land use without the property owner's expressed permission? Does that mean I can show up in your town, pay the fees, and change someone's zoning (assuming it is approved by the Plan Commission and Council)?? You are going to get sued VERY soon.
 
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Tranplanner

maudit anglais
Messages
7,922
Points
37
i'm pretty sure that under the Ontario system, anyone, in theory, can apply to rezone whatever piece of land they want. However, without the co-operation or consent of the landowner they're not likely to get very far...
 
Repo Man

Repo Man

Cyburbian
Messages
2,549
Points
25
We don't take in any applications without the owners signature with the lone exception of temporary signs. I would think that the owner of the property should be able to withdraw the application if he wanted too, since it is his property. What is up with this tatoo guy anyhow? Why would he spend the money to apply for a CU if he has zero chance of ever locating there?

Anyhow, you should go just to see him get arrested. BTW: Since when did Nevada have any "morals" laws. :)
 
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mike gurnee

Cyburbian
Messages
3,066
Points
31
State law here makes it clear that a property owner must sign off on zoning map amendment requests. The process for conditional uses is not specified. I have debated with myself whether the owner should be the applicant, and chose not to create that step. The owner is of course notified of the hearing. Perhaps all the above berating will get me to change our process.

We have a long history of not dealing with the owner. Building and sign permits have only the contractor names. But the codes indicate the owner is ultimately liable. In the other states I worked, we had the owner come in to sign off on building permits.

As for the arrest, the police asked us to set up a meeting with the applicant so he could be arrested in our office a week ago. Fortunately (for us) we could not find him.
 
Bullwinkle

Bullwinkle

Cyburbian
Messages
176
Points
7
mike gurnee said:
As for the arrest, the police asked us to set up a meeting with the applicant so he could be arrested in our office a week ago. Fortunately (for us) we could not find him.
Click to expand...

I got sucked into a situation like that once. We had a relatively minor land use issue with a guy that the cops wanted really bad. The land use issue - and me - were the bait to draw the guy out. We met on the site, and two cops and the 'bad guy' ended up scuffling on the ground, the guy's girlfriend and mother were wailing and crying, and I was just hoping nobody was going to start shooting. I got calls for a few weeks from his mother, telling me what a good boy he was. It was pitiful. Now I just say no.
 
Cardinal

Cardinal

Cyburbian
Messages
10,080
Points
34
Bullwinkle said:


I got sucked into a situation like that once. We had a relatively minor land use issue with a guy that the cops wanted really bad. The land use issue - and me - were the bait to draw the guy out. We met on the site, and two cops and the 'bad guy' ended up scuffling on the ground, the guy's girlfriend and mother were wailing and crying, and I was just hoping nobody was going to start shooting. I got calls for a few weeks from his mother, telling me what a good boy he was. It was pitiful. Now I just say no.
Click to expand...

Ah, the set-up.... Does anyone remeber the Simpsons episode that begins with Homer going to the police to collect the boat he "won" in a contest? I was once involved in a case where we could not find a guy to serve papers. He called one day wanting to pick up something on a Saturday. I told him I would leave the keys with the police dispatcher. I really thought it would work, but he didn't show. People really are gullible.

Sorry I gotta go now - just got a letter from the South Dakota Prize Patrol....
 
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mike gurnee

Cyburbian
Messages
3,066
Points
31
It was a no show. After the board voted to deny the permit, three members of our Barney Fife police force marched in. The board was entertained. But what if the applicant went postal? I have not trained the board in such regards.
 
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