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City Council Minutes 1979 01 16
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City Council Minutes 1979 01 16
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3/11/2021 2:31:14 PM
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City Council Records
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City Council Minutes
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1/16/1979
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7C3
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CCMIN 1979 01 16
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<br />January 16, 1979 <br />Minutes - page 4 <br /> <br />ORDINANCE NO. 623 <br />PUBLIC HEARING <br />CONTINUED <br /> <br />purposes, is unreasonable. It's an un- <br />reasonable zoning category in the sense <br />that it prohibits the property owners from <br />using or making any reasonable use of their <br />property and it ought to be changed for <br />that reason. <br />Secondly, I would like to go and show that <br />the most reasonable zoning for this pro- <br />perty would be the Low Density Residential. <br />The Low Density Residential zone in Louis- <br />ville provides single family residents on <br />7,000 square foot lots, that is the zoning <br />we are requesting. I then like to intro- <br />duce Raymond Caranci, one of the property <br />owners, to describe the reasons why they <br />seek this rezoning. I would like to ask <br />him some questions relative to that and to <br />explain some of what happened at the earlier <br />annexation back in 1976 and the circumstances <br />surrounding the additional zoning of A- <br />Agricultural, and then I would like to <br />summarize our presentation. <br />The first point we make is that Agricul- <br />tural zoning is unreasonable. The pur- <br />pose of zoning is to allow a municipality <br />to impose reasonable regulations on the <br />use of private property for purpose of <br />allowing the municipality grow in a plan- <br />ned an orderly fashion. It is a restric- <br />tion or limitation on the use of private <br />property and it wi-l generally be upheld <br />by the courts so long as the owner of the <br />property can continue to make reasonable <br />use of his property. The key word to all <br />zoning matters is reasonable. Where the <br />zoning provisions are so restrictive so <br />as to prevent an owner of private property <br />from making reasonable use of his land, <br />zoning regulations have been declared in- <br />valid. It is really a balancing of in- <br />terests; the interest of the community to <br />provide for well ordered growth and the <br />interest of the property owners to make use <br />of his property in the way that he desires. <br />It is a balancing test and that's why we <br />are here tonight. We believe that balancing <br />the City's interest with the interest of <br />the property owners that you are going to <br />have to conclude with us that the property <br />comes out on the short end. <br />
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