Correspondence from City Attorney contradicts plain statement in city code, see Office Humor. Full text opinion letter included in Denied Due Process pages 13-15.
City Code § 10.06 Rules of Interpretation. (D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
City Code § 154.007(B)(6) Nonconforming use destroyed. A building which has been damaged by fire or other cause ...
City Attorney - the phrase "or other cause" … refers to loss by windstorm or a similar casualty, ...
Correspondence from City Manager contradicts public record, approval of nonconforming site plan SPR-04-08 -
Planning Commission had repeatedly demonstrated understanding § 154.169(D) precludes approval
Mt. Pleasant Planning Commission - SPR-00-02
Members present: Bradac, Joslin, Joy, Lindley, Markham, Olivieri, Orlik, Smith
Tony Kulick, Director of Planning and Community Development, Secretary
M / S Joslin / Bradac to deny the site plan as submitted because it does not meet the setback and greenbelt requirements of the zoning ordinance. Motion approved unanimously.
Mt. Pleasant Planning Commission - SPR-00-03-B
Members present: Bradac, Joslin, Lindley, Markham, Orlik, Smith, Travis
Tony Kulick, Director of Planning and Community Development, Secretary
M / S Smith / Bradac to deny site plan "B" since the proposed use of non-family style housing does not meet ordinance requirements. Motion approved unanimously.
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