Request By:
Mr. Steve Zea
Resident Planner
Murray Planning Commission
City Hall Building
Murray, Kentucky 42071
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
The Murray Planning Commission is concerned with the rezoning of a large tract of land on 12th Street in Murray, or U.S. 641. You were challenged at your last public hearing on two fronts: (1) You did not include a separate notice to the spouses who are joint property owners; (2) You did not hold the hearing on a trial-like procedure basis with a reporter.
It is our opinion that the notices of the hearing should be extended individually and separately to all persons having a title interest in the real estate affected, i.e., all individual property owners, including spouses having property interests. See KRS 100.211. The Planning and Zoning Commission is required by KRS 100.211 to hold at least one public hearing after notice and then make recommendations to the legislative body concerning the rezoning. The Planning Commission is clearly required to pursue a fact-finding process in rezoning applications. The hearing before the Commission should be a trial-type due process hearing, taken before a stenographer in order to make the record. Thus the Court held in