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R-76-A % <br />7. The property is within the metro sewer service area as proposed by:the city, <br />and sewer can be made available in the reasonably near future. Based on the proposed <br />uses of the property, there is no apparent need for immediate sewer service. There is <br />no public water system, available to the site for commercial or industrial uses or for <br />fire protection. <br />8. The Minnesota Highway Department has advised the applicant that it has no ob- <br />jection to revising an opening location from the subject property to Highway 12, and <br />the Highway Department's response was favorable assuming a north alignment for I-94. <br />9. The Lake Elmo Planning and Zoning Commission held a public hearing regarding <br />the application, at which hearing no adjacent property owners appeared in opposition <br />to the requested rezoning. The Planning Commission recommended denial of the rezoning <br />for the following reasons: <br />A. The Planning and Zoning Commission has no final determination of a <br />road plan through the property. <br />B. There is no indication of the future uses of the property. <br />C. The sewer plan is presently incomplete. <br />D. There is no adequate fire protection. <br />E. I-94's final location and its service roads are undetermined. <br />F. General business does not necessarily consist of mixed use as <br />indicated in the proposed comprehensive plan. <br />10. The only permitted use under the present zoning of the subject property is <br />single family residential. Under the present zoning, a special use permit may be <br />granted for several limited purposes, including commercial greenhouse, dog kennel, <br />veterinarian hospital, drive-in theater, campgrounds, private clubs, rest home, and <br />two family homes. There is no present provision in the zoning ordinance for the per- <br />mitting of any other commercial use. No other use can be made of the property unless <br />and until the property is rezoned. <br />11. Based on the location of the property proximate to the freeway, the nature <br />of surrounding development, and the comprehensive plan of the city, the highest and <br />best use for the property is commercial. <br />12. The requested rezoning of the site cannot be considered spot zoning by reason <br />of the fact that the rezoning conforms to the comprehensive plan, the surrounding uses <br />are commercial, and the location of the property all indicate the demonstrated need for <br />the upgrading of the zoning. <br />13. The proposed rezoning would not adversely affect the use or values of surround- <br />ing properties. <br />14. There is no provision in the zoning ordinance which requires a layout of a road <br />plan through the property prior to the consideration of the application for rezoning, <br />nor is there any requirement as to the detailing of future uses of the property in the <br />zoning ordinance. These determinations are more properly made and are required in con- <br />junction with the division of the property or the development of the property and prior <br />to the issuance of any building permits. <br />15. There is no provision in the present zoning ordinance of the city for the <br />issuance of a special use permit for the proposed use of the property, nor are there any <br />