17. You are a newly hired planner in a community with several small neighborhood

Question

17. You are a newly hired planner in a community with several small neighborhoods with a variety of housing conditions. This is your first meeting. The petitioner is seeking a zoning change from "residential" to "office" in order to convert a residenti rental unit to a real estate office. His rental unit is in poor shape, as are nearby properties. He claims that the low rents prevent him from making and repairs, but an office use would make these improvements feasible. The hearing was properly advertised but no residents are in attendance and no one (exc the owner) has spoken on the petition. A motion is made and seconded to approve the rezoning. You are then asked for a staff recommendation. What would you do? al needed renovations public pt a) Recommend approval. The petitioner appears sincere and should have a chance to do what he wants, particularly since no residents complained. b) Request a postponement to see if any similar requests have been ap c) roved in the past Recommend denial. If every such request were approved, there would quickly be no rental housing available d) Recommend further discussion by the Commission. Bring up concerns about public input, housing opportunities, and the long-range impact of such a decision. Base your final recommendation on the outcome of the discussion. 18. Which of the following must be present to compel a court to issuc a writ of mandamus? a) There is a legally clear right to a permit or document sought c) There is a legitimate controversy over the permit or d b) The law being challenged has already been found to be unconstitutional h ocument being sought d) None of the above 19. Which of the following is not TRU a) Is a zoning district that is applied on top of an existing E about overlay zone? zoning district laid over an existing zoning district Is a new more or less restrictive zone b) c) May rem d) Entirely change the underlying use ove restrictions in the underlying zoning district 20. EXACTIONS can be defined as: a) The city's financial responsibilities for private improvements associated with development b) A subdivider's financial responsibility for public n development c) Removal of a rezoning request d) Rough proportionality clause

Explanation / Answer

17. Option D would be the answer, the reason behind the same would be that there would be certain implications of the decision made today with respect to the current owner. This decision could serve as a precedent for further decisions and at the same time, this would be taken as an example by the other owners in the community and even they would want to take up the same opportunity and convert the residential to office zoning change. And at the same time analysis has to be performed as to the root cause of why the current area has been designated as residential, and the implications of the same need to be looked at before making a decision.

18. Option B would be the answer, the reasoning behind the same would be that, there are few conditions where writ of mandamus can be issued and they are as follows:

And in the current context, the point 4 would be the one applicable as per the options given for the question with respect to which the court is compelled to issue a writ of mandamus

19. Option A is the answer, by the option elimination strategy, from the definition of the overlay zone which states that it is a zoning district which is generally placed over a base zone which is already existing and there are special provisions over and above the ones already in the base zone. Therefore it is definitely not a less restrictive zone, and it does not remove the restrictions in the underlying zone, and it does not change entirely the underlying use, therefore the left out option being A.

20. Option B is the answer, the reasoning would be from the definition of exactions, which says they are placed on the developer for dedicating land of pay a portion of cost for capital improvements which are required for public facilities as a development approval from local government. And therefore, the most appropriate option would be option B noting the public improvements which are associated with development.

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