City Council Minutes 1984 03 07 - Laserfiche WebLink

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3/'7/84 Page -5- Mayor Meier Advised councilmembers he would request Attorney Rautenstraus address some of the legal aspects relative to a growth manage- ment plan, then would ask for discussion by council. Legalities and Liabilities Atl=orney Rautenstraus advised that there could be limits on building permits as long as it is done properly. This has beE~n shown in some municipalities in the arE~a, i.e. Boulder who has had a program four some years and has been upheld. If you have a reasonable ordinance that has criteria and basis it will be upheld. However, if you don't have a plan and decisions are made on an arbitrary capricious basis without some rai~ionale for your decision then that will noi~ be upheld. A pick and choose is held to be discriminatory and could be a problem. To some extent in this circumstance you need to see which applicants have something ca:Lled accumed vested rights. This is if people have taken action based on the fact th<~t they reasonably relied on that they would obtain permits. Whether this has occured in these cases, he couldn't say as they had not been reviewed. This is a factor that must be taken into account. For example if someone has expended money or made efforts with reasonable reliance on the fact that there was no problem with getting a permit. You certainly in that case can't say, you don't get permits and you do to somebody else. Because then not only is your action subject to be overthrown, you could conceivably even have damages assessed. In reviewing whether someone had vested rights, past agreements would be reviewed, past approvals that you've made. Felt that what action Council does take would stand a better chance of being up- held if it doesn't pick and choose - equal realtionship must be had with the applicants. He didn't wish to speak directly to specifics. Mayor Meier inquired of the City Attorney, i.e. the City of Boulder on their growth control plan, Danish Plan, etc. how did they handle their other problem? Rautenstraus advised that they have done things in a different manner, i.e. they don't have an "Other" category. The standard way they do it is you might set your overall number with some changes in that based on factors.