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SPECIAL WORK SESSION June 3, 2009 <br />DRAFT <br />134 consideration especially if that is necessary to gain the support needed for <br />135 passage. <br />136 The Plan that came forward is a good one but there is room for discussion on <br />137 the numbers. <br />138 The council as a whole is committed to optionality and quality and the process <br />139 that brought this Plan forward has required those values all along. It includes <br />140 options for input from the city as growth is proposed. A great process brings a <br />141 great result and the advisory work has been a key element in the process and <br />142 that shows in the product. <br />143 - Although the Metropolitan Council forecast is a bit lower than the changes <br />144 proposed at this time, compromise is important also. The affordable housing <br />145 component is at least more realistic. <br />146 <br />147 The question being if the council is ready to bring the Plan forward for a vote, more <br />148 discussion was requested. A council member suggested it's important to bring forward a <br />149 maximum of two options to the council meeting; more options would make reaching <br />150 agreement more difficult and moving forward less likely. Another council member <br />151 suggested that the consensus of this meeting should determine what will go to the council <br />152 floor. <br />153 <br />154 The council discussed the request of Teresa Weinkauf (797 Main Street) and of Jeff Joyer <br />155 (Waldoch Farm Garden). Ms. Weinkauf is requesting a proposed land use change from <br />156 Low Density Residential to Commercial. Mr. Joyer is requesting that a portion of his <br />157 farm site be retained as commercial land use designation. <br />158 <br />159 Planner Smyser first explained the city's responsibility under statute to conform its <br />160 zoning regulations to its Plan. The city's zoning follows the land use designation, <br />161 although there are differing zoning districts within land use categories. He showed maps <br />162 indicating the current land use plan and the proposed. The Weinkauf request relates to <br />163 how the property is guided. The existing zoning (general business) conflicts with the land <br />164 use designation (low density residential) and that conflict has existed for years and years. <br />165 The city would be correcting the situation by making the change proposed in the Plan. <br />166 Because of that conflict, the cun-ent use of the Weinkauf property is considered non- <br />167 conforming and the best thing to do with that type of a situation (in order to comply with <br />168 state law) is to make a change so that it conforms. The Planning and Zoning Board has <br />169 recommended concurrence with the Plan. Part of the consideration is that there is interest <br />170 on the part of the Weinkaufs to have a home business. When the city's home occupation <br />171 restrictions were reviewed, staff saw that the restrictions are quite strict and so they are <br />172 open to looking at some change when the zoning ordinance is reviewed. If the current <br />173 non conforming situation is allowed to continue, there is concern that there would be no <br />174 buffer for the residential area if businesses were to develop. <br />175 <br />176 A council member noted that making all four properties commercial would not solve the <br />177 problem since only one of the properties would be true commercial <br />178 <br />4 <br />-35- <br />