04/13/1994 P&Z Minutes - Laserfiche WebLink

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• • • PLANNING & ZONING BOARD MEETING APRIL 13, 1994 allow the developer time to modify his proposal. Mr. Brixius briefly reviewed the history of this property and explained that in 1981 the Comprehensive Plan indicated the site as Rural and Expansion Residential. The 1987 Comprehensive Plan amended the MUSA Boundaries and indicated the property north of Holly and west of 12th Avenue as urban residential. Beginning in 1989 through 1990 the City was involved in a Comprehensive Plan amendment to enlarge the City's MUSA. The area south of Holly Street was then brought within the MUSA. Public hearings on this amendment were held by the Council in July of '89 and December of '90. The plan was reviewed by several advisory boards and the Council officially closed the public hearing in December of 1990. The Metro Council approved the plan in March of 1991 and the City worked to fulfill the conditions of the Metro Council's approval and formally adopted the Plan in June of 1992. In August of 1992 the City amended the Zoning Map, after public hearings, to reflect the new land use changes and Metro Council recommendations that certain zoning districts be eliminated. Finally, in February of 1994, the Council rezoned the subject property from R -1 Residential to R -1X. The City Attorney has reviewed the historical account of the property in regards to the comprehensive plan revisions and rezonings and has stated "that there has been no improper actions on the part of the City under State Statute and local ordinances and that the current zoning classification of R -1X is proper ". John Landers stated that there is a question pertaining to the rezoning of the property from Rural to R -1. He stated that he had looked through the minute books from March of '87 through '88 and found nothing relating to a change from Rural to R -1. Tom Mesich stated that he thinks the P & Z has enough direction indicating that the zoning was done properly. "I do not think it is our place to insinuate that this was not the case ". As far as the P & Z is concerned, we are working off the Official Zoning Map and should not let this other issue direct us. Chairman Schaps stated that he agreed with Mr. Mesich. Map rezoning is covered under State Statutes, we have asked the staff for direction and received it, and the City Attorney has advised that the zoning is legal. CITIZEN COMMENT: Sue Walseth, 1101 Holly Drive, stated that she has been a resident for nine years and her comments are coming from her heart. She feels that she is losing the use of her property and will no longer fit in with the neighborhood. When the property was changed from Rural to R -1 she did not receive a notice and when her land was added to the MUSA, although she objected, the designation was changed anyway. She was originally told this plat would consist of 90 large lots.