#156 04-21-56 Issue Building PermitResolution No. 156 April 21, 1956
Member Rahn introduced the following resolution and moved its adoption:
RESOLUTION DIRECTING ISSUANCE OF BUILDING PERMIT
WHEREAS Minneapolis -Honeywell Regulator Company has heretofore made applic-
ation for a building permit for construction of buildings to be located,
as stated in the application, on lands rezoned as Industrial Zoning District
February 7, 1956; and
WHEREAS the Building Inspector has reported and the Council finds that the
application and plans are proper and conform in all respects with the
building and zoning ordinances of the Village, and that the proper fee
has been deposited with the application; and
WHEREAS said application for building permit was heretofore denied by the
Council by resolution adopted on February 23, 1956, only for the reason
that the zoning of said lands as Industrial Zoning District was challenged
by filing of a petition purporting to have been drawn under the provisions
of PSA 462.01; and
WHEREAS the legal validity and efficacy of said petition was thereafter
litigated between said Company and the Village and intervening Village
residents and resulted in a :judgement in the District Court, affirmed by
the Minnesota Supreme Court, that said petition was ineffective, and the
Village consequently ordered, by peremptory writ of mandamus, to issue said
building permit; and
WHEREAS the legal doubts existing at the time of said resolution of February
23, 1956, have now bean resolved;
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of
Golden Valley, Minnesota, as follows:
1. The recitals of fact in the preamble to this resolution are true and
correct and are hereby referred to and made a part of this resolution.
2. The Council, having given due consideration to the health, welfare, and
safety of the Village and its residentg, and particularly, but not exclusively,
to the health, welfare, safety, wellbeing, and convenience of residents in
homes in the Residential and Open Development Districts immediately adjoining
the Industrial Zoning District above referred to, the Building Inspector is
hereby authorized and directed to issue forthwith the building permit for
which Minneapolis -Honeywell Regulator Company has made application.
i'
ATTEST:
e k
330
Resolution No. 156 (continued)
April 21, 1956
The motion for the adoption of the foregoing resolution was duly seconded
by Member Bies and upon vote being taken thereon, the following voted in
favor thereof: Bies, Nadasdy, Rahe, Stark, and Teresi; and the following
voted against the same: None, whereupon said resolution was declared
duly passed and adopted, signed by the Mayor and his signature attested
by the Clerk.
CJ
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