03/23/2009 Council Packet - Laserfiche WebLink

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• • • CITY COUNCIL WORK SESSION March 2, 2009 DRAFT 84 with Mr. Baumgartner's work, a compromise could be to reduce those legal fees while 85 still charging for staff time. 86 A council member recommended recognizing the "trail blazing" aspect that occurred here 87 and that there could have been more time necessary because this is the first time through; 88 and others may benefit from this work in the future. With that in mind, the city should 89 reduce the charges by $315. 90 The council concurred that they would consider a resolution on their March 23 council 91 agenda authorizing a refund to Mr. DeHaven but there should be some findings relative to 92 this case so it isn't precedent setting. It needs to be clear that there will be charges to 93 individuals in the future. 94 Item 6A (Regular Council Agenda) Comprehensive Plan Amendment, 95 Rezoning and Conditional Use Permit for 909 Maple Street to allow for outdoor 96 sales lot - Planner Bengtson explained that the site was approved for a conditional use 97 permit in 1983. The applicant would like to continue the body shop activities and add a 98 car sales lot. In order to do that the applicant requests a change in land use to 99 commercial, a zoning change to general business and a conditional use permit designation 100 to allow a car sales lot. The council has received maps indicating area zoning. The 101 Planning & Zoning Board discussion is relayed in the report also. The current 102 comprehensive plan designates the area in question as residential but the proposed update 103 would change it to commercial Staff's concern, however, is that the Metropolitan 104 Council will not consider a comp plan amendment until the 2030 Plan has been reviewed 105 and approved by the council. Staff s recommendation therefore would be to follow the 106 direction recommended by the Met Council and not submit an amendment request. The 107 current zoning on the property is rural and the auto body shop is a conditional use that 108 would not be allowed today. The site is also surrounded by two areas guided as 109 residential. Staff is therefore recommending denial of the request for a zoning change. 110 On the conditional use permit, staff will be updating conditions that aren't currently being 111 met regardless of the outcome of this request. The Planning & Zoning Board reviewed 112 the request, heard comments at the public hearing and ultimately voted unanimously to 113 recommend denial of all three requests. Staffhas prepared a resolution denying all three 114 requests, including findings, based on the information presented 115 Neighborhood representative Kevin Hedgers, 862 Maple Street, addressed the council. 116 He confirmed that the council received the information (including PowerPoint) that was 117 presented to the P & Z Board. This is a property value and safety issue to the residents. 118 They would like all three requests to be denied. 119 Applicant Ivan Kozhokar addressed the council. He is thankful for the patience of his 120 neighbors through this process. Improvements to his business will be helpful to the city 121 and will also be an improvement over current/past uses on Maple Street. He is also 122 interested in improving an adjacent site.