| Advisory opinion regarding whether two West Baton Rouge Councilman, Barry Hugghins and Gary Spillman, may subdivide a parcel of land into six (6) large lots when the land is zoned AG. |
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Two West Baton Rouge Councilman, Barry Hugghins and Gary Spillman, wish to subdivide a parcel of land into six (6) large lots to develop a subdivision. R.S. 42:1123(34) contains an exception which allows for elected members of a parish governing authority with a population of 25,000 or less and their immediate family members to make an application to the parish for re-zoning; however, the zoning being requested may not be less restrictive than the original zoning, no variance or special exemption from any planning or zoning regulation or requirement shall be requested or granted, and the zoning of such property must be for residential purposes.
The property in question is zoned AG (Agriculture). The councilmen assert that the West Baton Rouge development code allows "residential" as a permitted use on property zoned AG; however, the code also allows several other uses which are not residential. If the councilman leave the property zoned AG, then a purchaser could use the property for other purposes than residential.
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La. R.S. 42:1113A states no public servant, or a member of such a public servant's immediate family, or a legal entity in which he has a controlling interest shall bid on or enter into any contract, subcontract or other transaction that is under the supervision or jurisdiction of the agency of such public servant.
R.S. 42:1123(34) contains an exception which allows for elected members of a parish governing authority with a population of 25,000 or less and their immediate family members to make an application to the parish for re-zoning; however, the zoning being requested may not be less restrictive than the original zoning, no variance or special exemption from any planning or zoning regulation or requirement shall be requested or granted, and the zoning of such property must be for residential purposes.
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Adopt thr proposed advisory opinion.
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| Assigned Attorney: |
Tracy Barker |
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