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MINUTES <br />CITY COUNCIL <br />JUNE 28, 1995 <br />PUBLIC <br />HEARING - <br />INFILL <br />ORDINANCE <br />from the general public present wishing to comment on <br />this matter. <br />Carl Schroeder, Sr. stated that he was puzzled as to <br />the effect this change would have. Schroeder asked if <br />the change would make existing fast -food restaurants on <br />Rice Street non - conforming. <br />The City Planner replied if all B -1 an B -2 uses are <br />eliminated from rolling over into the B -3 District, <br />that was correct. The Planner pointed out that some of <br />the options for consideration include allowing B -1 uses <br />to carry over, but not the B -2; or allowing permitted <br />uses to carry over, but not conditional uses. <br />Fahey suggested discussion of this matter be postponed <br />until copies the B -1, B -2, and B -3 zoning district <br />regulations are distributed to the general public <br />present who are interest in this matter. <br />Fahey opened the public hearing to consider amending <br />Section 903.020 of the Zoning Ordinance establishing <br />an administrative design review procedure and design <br />standards for infill residential development. Fahey <br />suggested that rather than creating an infill <br />ordinance, additional requirements under the <br />Conditional Use Permit section of the Zoning Ordinance <br />would address concerns raised regarding moving of <br />houses into existing residential areas. Fahey also <br />suggested that the burden of proof be placed on the <br />applicant to show by clear and convincing evidence that <br />the standards of the ordinance are met. <br />The City Attorney reported that State Law places burden <br />of proof on applicants in rezoning matters, however, <br />the Court has not gone to that length for conditional <br />use permits. Current MN State Law requires compliance <br />with the standards of the ordinance. If ordinance <br />standards are met, a conditional use permit must be <br />issued. If not, cities do not have to issue the <br />conditional use permit. <br />Morelan felt it reasonable to not go forward with the <br />infill ordinance. His concern was that this ordinance <br />would be difficult and time - consuming to enforce. <br />Morelan pointed out that it sounds like the infill <br />ordinance would have to be applied to every building <br />permit application. This opens the door to routine <br />approvals that could result in errors. <br />Scalze felt that addressing the concerns of moving a <br />2 <br />Page 23 <br />