06-28-95 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL JUNE 28, 1995 from the general public present wishing to comment on this matter. Carl Schroeder, Sr. stated that he was puzzled as to the effect this change would have. Schroeder asked if the change would make existing fast-food restaurants on Rice Street non-conforming. The City Planner replied if all B-1 an B-2 uses are eliminated from rolling over into the B-3 District, that was correct. The Planner pointed out that some of the options for consideration include allowing B-1 uses to carry over, but not the B-2; or allowing permitted uses to carry over, but not conditional uses. Fahey suggested discussion of this matter be postponed until copies the B-1, B-2, and B-3 zoning district regulations are distributed to the general publio present who are interest in this matter. PUBLIC Fahey opened the public hearing to consider amending HEARING - Section 903.020 of the Zoning Ordinance establishinq INFILL an administrative design review procedure and design ORDINANCE standards for infill residential development. Fahey suggested that rather than creating an infill ordinance, additional requirements under the Conditional Use Permit section of the Zoninq Ordinance would address concerns raised regarding moving of houses into existing residential areas. Fahey also suqqested that the burden of proof be placed on the applicant to show by clear and convincing evidence that the standards of the ordinance are met. The City Attorney reported that State Law places burden of proof on applicants in rezoning matters, however, the Court has not gone to that length for conditional use permits. Current MN State Law requires compliance with the standards of the ordinance. If ordinance standards are met, a conditional use permit must be issued. If not, cities do not have to issue the conditional use permit. Morelan felt it reasonable to not go forward with the infill ordinance. His concern was that this ordinance would be difficult and time-consuming to enforce. Morelan pointed out that it sounds like the infill ordinance would have to be applied to every building permit application. This opens the door to routine approvals that could result in errors. Scalze felt that addressing the concerns of moving a 2