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      4-25-08  

 

 

 

 

 

Beverly appeal denied

by Alan McArthur
Landmark reporter

An appeal by the developer of the Beverly Plaza proposal was denied by the Platte County Commission on Thursday with a vote of 2-1.

The developer, Dudley Alexander, had appealed the decision of the planning and zoning commission after the commission had voted 1-7 against approving the preliminary plat.

The development would be located at the intersection of 92 Highway and 45 Highway near Weston. The property is currently zoned “highway commercial” and the developer was not seeking rezoning, only the approval of a preliminary plat.

According to the developer's application, the 16.5 acre property would be used for commercial development; however the exact uses or tenants were not listed in the application.

The City of Weston had previously submitted a written letter declaring their opposition to the development because it did not fit with the city's historical overlay district.

“We are here on an appeal of the planning and zoning commission's decision,” said Shannon Marcano, attorney for Alexander. “Planning and zoning had no reason to deny it, they should have approved it.”

Betty Knight, presiding commissioner, said that some of the applicants who come before the commission already have a list of possible tenants.

“At this time we don't have to know that,” said Marcano.

An attorney representing the county also spoke to the commission.

“The discretion lies in the planning and zoning commission,” said Mike Keleher, attorney. “They're decision was that the requirements were not met, your job now it to determine whether that decision was correct.”

Commissioner Tom Pryor made the motion to uphold the planning commission's decision. Pryor then cast his vote against the motion he had just made.

Commissioners Knight and Jim Plunkett voted to uphold the planning commission's decision.

Contacted afterward, Pryor said, “We are supposed to put all motions in the positive and had nothing to do with how you vote on it. I felt that with the property owner having the zoning in place there was no good reason to turndown the plat.”

“I felt it should have been approved, it's just very straight forward,” said Pryor. “He followed all the rules.”

 
 
 

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