Posts Tagged ‘Zoning’
February 15, 2012 by wcobserver
WEST FORK — Long-time residential and agricultural zones in West Fork are now open to spot commercial zoning thanks to a unanimous, but spiritedly debated, decision from the city council on Tuesday, Feb. 14. The issue is the result of anl appeal made by Mike Landa, whose request to rezone his residential property to commercial was denied by the West Fork Planning Commission during its January meeting. “Why do I want to rezone?” asked Landa rhetorically, during his lengthy and animated presentation. “Because it’s my right.” Landa, near the conclusion of council’s discussion, said the “big thing is, I want a bigger deduction, too, on my taxes.” There were other reasons Landa, who is chairman of the planning commission, appealed the commission’s decision. Those reaons were presented by his Bentonville lawyer, Darrell Gibby. Gibby said the planning commission process was “tainted” because of the votes from married commissioners Bob Staats and Robyn Wilson. Gibby called it “undo influence” and reported that Mayor Frances Hime, a neighbor of Landa’s, contacted members of the planning commission to “influence the decision.” None of this speculative evidence was corroborated by counsel at the meeting, although Hime and Landa are currently in litigation over a …Read More...
February 15, 2012 by Steve Winkler
Applause broke out at the West Fork Council Meeting Feb. 14 when Mike Landa received a unanimous “yes” vote on his appeal of a Planning Commission denial for a rezoning of his property on McKnight Ave. from residential to commercial. Not everybody was thrilled. His next door neighbor who thought he had made his home in a quiet neighborhood of estate homes was now living next to a commercial property complete with trailer truck traffic, swimming lessons, a playground and the ultimate noise maker, a front-yard heliport. Some council members seemed confused by the complexity of the issue and big words being used. The city attorney mentioned “arbitrary and capricious” without explaining the meaning. He did, however, point out the can of worms they would open if they created a commercial island-zone in the residential area. The council, however, liked the other argument that there was already commercial activity on the street. Never mind that it was there because the city hasn’t been vigilant in enforcing zoning and land use regulations. The point that was driven home by Landa and his attorney throughout the presentation and the one that resonated with the council was that Landa “Had a Right.” Plus, …Read More...