Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Procedure topic
No spam. Unsubscribe anytime.
Applicant withdraws rezoning request for 841 Dunlap Road; council allows withdrawal without prejudice
Summary
The applicant for rezoning at 841 Dunlap Road asked to withdraw the application; after legal clarification, council approved the withdrawal without prejudice, allowing the applicant to reapply at any time.
Council read Ordinance O‑26‑06‑18 concerning rezoning of 2.38 acres at 841 Dunlap Road for office/flex space. The applicant submitted a written request to withdraw the application; the city attorney noted the letter did not specify whether withdrawal should be with or without prejudice and explained the difference (withdrawal without prejudice allows the applicant to reapply at any time). After discussion, a councilmember moved to allow withdrawal without prejudice, the motion was seconded and the motion carried by roll call.
The clerk and city attorney explained that the land‑development code requires a written letter to the zoning administrator for withdrawal and that the council’s action reflected the applicant’s request. Councilmembers expressed concern about whether a prior withdrawal had been with prejudice in an earlier instance, but legal counsel confirmed the current motion allowed withdrawal without prejudice.
