05-12-92 CCM - Laserfiche WebLink

Home Browse Search

LAKE ELMO CITY COUNCIL MINUTES MAY 5, 1992 8 Our code requires only the health, safety, moral, and convenience of the community not be abridged in order to grant such a permitted use in an area that it would not otherwise be permitted in. The code does not satisfactorily give a rationale to granting a use that is not harmonious with the underlying zoning nor provides assurances that the time and conditions of the underlying use can or will be restored. If it requires 4/5ths of the city council to rezone property, it should require 5/5ths to grant a CUP in that same district. If the granting of uses through zoning or rezoning requires 4/5ths vote, why does the granting of uses that are in their nature unable to meet the task of the underlying zone or any zone in the city require less stringent requirements. Super -majorities are in all of our major legal documents amending the constitution of the United States wherever we want to make sure that we do not hurt somebody by the acts that we take. This kind of spotzoning would allow us to hurt people on adjacent property. M/S/F Mottaz/Mayor Johnson - to direct the staff to prepare an ordinance amending Section 301.060D.d. of the Lake Elmo Municipal Code to include that: All new or amended Conditional Use Permits will require a 4/5ths affirmative vote of the city council. (Motion failed 2-3: Hunt: It does appear that there may be some overhauling that needs to occur in the code under CUP instead of changing the vote and asked to place this on the Work Plan, Dick Johnson: He agreed with Councilman Hunt, Williams). Councilman Mottaz commented on inaccurate statements that were made in the Planning Commission minutes. He, nor the Mayor, did not set up any hoops for the Linders to jump through or listed any special conditions. Mottaz stated, "I have been opposed to Conditional Use Permits before they were even called CUP's because I feel they are not a proper way to designate land use." Agricultural related activities have been stretched out and CUP's have allowed commercial adventures to operate and in effect are spot zoning. Mottaz gave examples along Highway 36 of certain kinds of commercial growth by either a CUP or failure to act by the City. Mottaz suggested we study Hwy 36 and decide what uses the City wants to allow, develop a form of a commercial zone, rather than add another CUP as suggested for New Life Homes.