HomeMy WebLinkAbout1975 11-19 HRRM- ilk.
Approval of Minutes
. 10-15-75
State Department of
Vuman Rights Information
Shxeet and„ Questionnaire
A brief discussion ensued relative to the letter
and the proposed seminars. Following the-dis-
cussion it was the consensus of ,the Commission
to direct the letter and accompanying
infoxma'ti.on
sh
t t
e
r..
ee
o th
City staff and to urge participation
in such affirmative action seminars. -
Commissioner Su.gimura stated that she would be a
willing volunteer to participate.actively In the
~
seminars as a representative of the Commission.
Commissioner Weyrauch arrived at 7:40 p.m. _
Chairman Davis next reviewed the questionnaire to,
be filled out relating to localhuman rights Com-
missions. He directed the questionnaire to the.
secretary,.: requesting him to fill out the needed
„ t
i.formation and submit it to'the proper agency.
The chairman-noted that it was the Commission's
'
AcCessib~l~ty
intention to formally present the accessibility
Booklet, 4
booklet, A Guide For The Handicapped, at this
~p
evening's meeting. He stated that the booklet
was,not yet available and recognized Commissioner"
Blomberg to give' further information regarding
kfi~ a p
a possible completion date for the booklet..
,,Commi
ione
Bl
r
ss
r
ombe
g explained that some of t
he
pictures to be included in the booklet had given
the printer some problems. He further explained
that this along with a large workload at GeneralL
Mills had delayed the final printing. The Com-°
°missioner stated that the booklet should be
available within the next few days.
Chairman Davis personally thanked all the Commis-
signers for their efforts in preparing the booklet.
He.further commended Commissioners Campion and
Blomberg for the additional time they had spent
}
preparing the booklet for printing, and expressed
his appreciation to Jill Flakne, who typed the
booklet.
Chairman.Davis concluded his remarks about the
bbnklet by stating that he might call a special
a
c1-.,,c-half, , hour press meeting for the Commissioners
4
tfi~ formally resent the booklet once it is
a~rai.'? able..
:
rman. Davis next introduced the item on the
.
Corre Pon Brice :
.
-
ageada deferred earlier in the meeting. He
771
Request'N Ar;
'HuEnaii`
xplained that he had been informed by the
,
Rights c i scion
secretary, approximately a week prior. to this
Inve8ti4~6 tion
11-19-75 -2-
evening's meeting, of a letter received
Mr. Wesley R. Busch, asking the Cdan;4 ss~ t:o
investigate the denial of his- requ:k d variance
from Section 35-1,11 (Nonconforming .UseSj t'he
City Ordinances. lie further.. expla zhed the
Mr. Busch°s variance was requested to ?permtt,,.`-
the construction of :an. addition
which is located in. an area zonied C-l. He
also explained that. the Zoning Ordi, ances' does
not allow such,additions . t
The Chairman noted that Mr. Busch had ~0.1,~ged
in his letter that the `City Zoning +Q iianoe~-'
had not been properly adopted
. and that b
,
human rights had been abused, or denied be'dause
his request for ,a variance had
,been re~ec~ed by
the City Council.
Chairman Davis stated that he had asked the
secretary to a. memo the back 'r n ;;4
Y prepare giving 5r0,
information relating to the ; .denial., of,- M.rrt J~use4.
variance request .and to recommenA.. possib a
courses of action a. Davis .furtheztat ghat : t~e
Commission has `no investigative; authcarzty lnher*
in its enabling resolution and e6~ _ia.: hold: an.
investigation on such a matter bhl .if
directed to do so by', the City CQUnc
k
eluded his opening remarks bY statin hat
g.
although the City Council has not ditec '4 the 4 ,
Commission to investigate this matte!'
he;i
requested the background information, so the Cent
mission can respond to the .Busch-letterx,
Chairman Davis: recognized Councilman Rol tt,
Jensen who presented the reasoning be i the,'
City Council's denial of Mr. Bra ch 6 "variance_
request. Councilman Jensen stated that: ,~ctae tsa
of this nature are the, hardest. type f6i the ...r
Council to make decisions on.,,, because f ` nrd
by themselves,, they seem like simple {redoes'ts
yet the Council is charged with.,.the resp is bil'
of upholding ordinances and 'sueh.
eggestss Tare'. Jhot
f
permitted by the Z an in,g Ords..ra;an
~,axonc f: rzrn+.c ~y uses." _ # , CONS& $i
3
explained that they are an illegal a S t'ha't is'
permitted because they existed prior' to the t :
adoption of the ordinance., He further- ex ned
.st v
that to qualify for a variance the' party
show that his request i.s. "unique"ndj!Q a p.
X"hardship's. Jensen stated that: the-,variance
request in question met neither of that
.
requirements.
14„
dirt y✓ •
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He further stated that the City Council was
sympathetic with Mr. and Mrs. Busch, but the
y
{
.
could not legally permit the variance.
Cr~,Iu.hcilman Jensen concluded his remarks by
stiting-.that Busch's rights have not been
<
violated; he has been heard extensively by
the l~larix~ing` Commission and the City council.,
and that his next logical step would be in the
~
courts «
f
s
Chairman Davis questioned Councilman Jensen,as
to what was done in 1968, when the present
Zoning`Ordi:nance was being adopted, if a person
fk k
-did not want their property rezoned.
Councilman Jensen explained that he was a member
of the,.Plannin:g Commission at that time and that"
the Commission had held numerous public hearings
on the, ordinance . He further explained that when
residents did not want their property rezoned,
the City complied with their requests.
CommissiIoner Weyarauch questioned whether or not
a I'noncohforming use", such as the one in question,
'
,
if completely 'destroyed could be rebuilt in the same
F
in niter Councilman Jensen responded by stating. that
in. such a case the ordinance does not permit the
,x
reconstruction of a "nonconforming use". He sub
:i
muted the example of the Riverside Motel that was
noncon,fo:rmIr,g use" destroyed by fire and riot
perm teed to be rebuilt. Jensen further stated
3
.hat normal maintenance of "nonconforming uses'"
sr
i3 alloWed
and in fact required by the recently
t
,
adopted:Housing Maintenance and occupancy ordinance,
ti.
s
Commissioner Weyrauch stated that he felt the
current Zoning ordinance was properly adopted in,
1968 and that the Humana Rights Commission should
nc;t become involved. in this matter because the
;
problem is not related to a violation of somem
one's human rights but is a legal problem that
~ R
cart only. 'be property handled by the, courts m
A
4 ~
cOmmiss-iner Sugimura noted that Mr. Busch was is
;
essence' asking: the Commission to take a position
" cry°1 t:rary to the spirit and intent of anti-
i1 scrimiratirn laws. She stated that his desire
is to 'promote an individual's rights over the
rights of-' all, and that this in itself would be
discriminatory.
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11-19-75 -4-
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C CaIlutiisS Y ant-rs aPd •added that; he, fj E s " s i'. :e € r -
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1-nat I on, of mr n Busch 6n, the ' baIS1S 0~' ~4"~r`t C~~~~' ►
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-0y the law,
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is bet c,I_n'd t,h( puxv.iew -of the uMan R~ in
m ess dlrectEd to do so by th6' CIty 0u4fd'i k~e 7U I
t ;rt?ter =t3ted that he, feels teha:t the; pr sea~t'z~n~ ~
Ordi:nla~c:.was legally adopted' ~d . than t erg
to b(,-- _n-
0 *it;S that Would 1.*2C1t Bx ch'•
rl_Ct?"xts `t a,! been dnn :edn iie' cdn dl U- ed" b
t:ri:"A t;. p-resented which wou
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'nk ttr ' SCUss ion c 5nstde d r6la, ~ V~'
that should be g!Ve4IrL to Mr. Bust
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m 5 ~ c.,-.e: 'r To lVe and secanded b
W(L,Y - tc~ adg eceig `_t f Nt 3tz b
latter and to authorize' the, s ecie.tary. t ~es
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to Mr. Busch de,~~r°.'g his request .fcr ,-x.nVestl, '
.
t on ThE: t!1C~T.3~~_• ~;acaed 1.n ni~~u~~~
A f ira7ra tive' Action
C.. ?r rs car = r we rau,ch- noted that hie wa"
Seminar
th..r. OVe Ong' s men t. 8g and had tame 'ili w~1~ :'the
C U-MIPIss w" s d°~.sclass i ig ..the fIrmat ve Crt ~,or
s Irtinar, Lie stated that. hE Mild
take
, >11t.e~rest these seen i~ara to bec'one ;
cec:I.L?~art, C,)f the laws and quidel:in;es_
lL xdx_ d ~iy ~c~t:a. g that much ca-i -b~ "lea rned
t ese; seminars and the effort a weIl wq, rth tie
trnubl ".b
R S .g2 c3t1E3*~!. 0
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Ch.Iirrr;an DaV ?.s noted that his app,~`~r~'liLe T1t . tQ "the
'Chairman Davis
IIIIa n Fights C ommi s aioj%, ' it E?X~3'?tr_ e• on - '.C ~~tt}~E'z
CIE S t at2d 3 t . h will r r t 5~"0 r6: AGAt~ xUa xon,.
Ea" 4 1 i:i red that his present Com'ltmen
tha!i he c_. r hand:hx and tea t i,n' t he -best
t the, 4~rmmIssi he fee Is he.. should' resx*gn JaPcaq ,
E?(r,effort:;fi~a. rtal~e }
he would be ur: able to give a
,
y r~
omm..s s i on.
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The Chaim, an stated that
. he had ~pprecxa3 e~ the
n.
,
interest shcaw5 by the Comm ~.s$ion n r s en yed Yx _
:
v f,~.y tn1:ch working with. the v4r_IQu8, tC0' M' *i0
members o y~ r
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Chairman
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1-19- 7 5