Hutchins Newsletter editor acuses council of illegal zoning notice
By 04/17/2003 00:00:00
HUTCHINS - Despite its unanimous approval by city council Monday, April 7, Nancy Howell maintained the city had still not complied with everything necessary concerning a request by Lloyd and Pat Miller for a change in zoning for an auto recycling operation at 1600 N. Hwy 310.
Howell is a citizen and managing editor for The Hutchins Newsletter, Mic-hael Cook publisher.
'A public notice in The Ellis County Press failed to give proper notice,' Howell said.
The April 7 issue of The Hutchins Newsletter quoted legal sources such as in the case of 'Trifano v. Zoning Board Of Appeals (1973), where a notice failed to set out adequate nature of the
As stated in Am. Jur.-Zoning: 'Its [notice] content, should be sufficiently specific to warn the recipient that he may be affected by the contemplated action and a notice deficient in this respect will be treated as no notice at all.'
Howell has taken issue with the item since council's approval of the Millers request last fall, confronting council about the matter during several meetings.
She was removed in one of the meetings by Police Chief Griffin for handing out printed material to council members.
The April 7 agenda stated the property was zoned commercial with proposed zoning of commercial with a special use permit.
Citizen James Jones spoke in support of the Millers' auto recycling business.
Jones said Mayor Artis Johnson had done a good job without stooping to the level of the opposition.
'Information in The Newsletter is biased to accommodate a personal agenda,' Jones said.
Jones called The Newsletter truthless.
'I ask you to vote ‘yes' for Lloyd and Pat Miller,' Jones told council members.
'Mr. Miller is trying to put some assets into Hutchins and not liabilities.'
Barbara Bose, a citizen and candidate for city council in the Saturday, May 3 elections opposed the auto recycling business.
Neither Howell or Cook are candidates.
'They've been doing this a long time without a special use permit. It took the city six months to get you to get a special use permit,' Bose told Lloyd Miller.
Lloyd Miller said he had been selling auto parts, but he had not been doing recycling under the previous zoning.
Bose asked who checked the soil for possible fluids from vehicles.
Pat Miller said an engineering company checked the soil for the Environmental Protection Agency.
'I don't like anymore junk brought in Hutchins,' Bose said.
'We don't want any junk brought in Hutchins either,' Pat Miller said.
A friend of the Miller family from Dallas said recycling is part of life.
She said we recycle other material.
Henry Gross, president of Hutchins Planning and Zoning Commission, said P&Z recommended the Millers' request be granted.
Councilwoman Rhenett 'Nana' Gardner made the motion to approve the Millers' special use request with a stipulation no more than 250 vehicles are on site.
Motion unanimously passed.
Howell still complained of council's action regarding the item outside chambers immediately following the April 7 meeting.