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LAKE ELMO CITY COUNCIL MINUTES MARCH 4, 1986 PAGE 2 are necessary for this parcel and it meets the policies and the goals for Rural Residential that have been set up in the Comprehensive Plan. Todd Williams, 3025 Lake Elmo Ave. - I oppose the rezoning because the Palzers knew it was zoned Ag when they purchased it. The Comprehensive Plan calls for preserving land in Ag zoning whenever possible and for as long as possible because of the demand for urban services which, Williams feels, more intense development always brings. The Comprehensive Plan was designed to help stage development properly so that "leap frog" development and spot zoning does not occur. There are already 200 residential lots in the City which are available for building, and it is only good sense to direct new residential building to these areas and not to start another isolated cluster of homes. Mr. Bannigan responded to Mr. William's statements by pointing out that to deny an application there must be findings of fact, for which there must be a rational basis. Also, the property owner has the right to get the highest and best use of his land. Bannigan feels the Palzer's meet the conditions the City sets forth in its performance standard and the City must have overriding reasons to deny the application. Councilwoman Armstrong stated that the burden is on the landowner to show a mistake in the original zoning or that the character of the neighborhood has changed to such an extent that no reasonable use can be made of the property in its present zoning classification. The Palzers knew that this was zoned agricultural when they purchased it and reasonable use of this land may continue as it has been used. The character of the neighborhood is rural and agricultural and the neighbors rely on this zoning remaining unchanged, and Lake Elmo's policy has been to preserve open spaces and prevent "leap frog" development. The City has sufficient lots to accomodate building in the more developed areas of Lake Elmo and seven houses on a cul-de-sac would change the character of the neighborhood and require additional city services such as snowplowing. Councilman Mazzara felt that the Palzer's plan conforms to the City Code which would allow a cluster development of seven lots per forty acres, and out of this forty acres 28.6 acres would remain open. The intent of the Comprehensive Plan is still being met by keeping at least 28 acres open. M/S/P Armstrong/Dunn to deny a request from A.M. and Paul Palzer for rezoning a 40 acre parcel of land located on Keats Avenue from Agricultural to Rural Residential based on the reasons stated. (Motion carried 3-2<Ma.zzara, Morgan: based on the soils not being prime agricultural land>). B. Public Hearing : Proposed Interim Ordinance for a Temporary Moratorium on Development. Mayor Morgan opened up the public hearing at 7:30 p.m. in the City