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Mounds View City Council May 23, 1983 Regular Meeting Page Seven zoning, for any increase in traffic that would occur over and above the permitted use. He stated there is evidence of an adverse effect on single family dwellings, and they should take into consideration the nature of the neighborhood now and the existing use of the abutting property, and they can take into consideration the transient nature of renters, but not race, color, creed or economic status. He advised that if the proposal a rezoning is granted, they could put into the development agreement that the parking lots be kept clear in the winter, and back it up by a bond, which would be carried down to any future owners. He added that the screening with trees could be covered for a reasonable time for replacement. He also advised the courts are not concerned with the profit a developer might make. Attorney Meyers also advised that the Comp Plan designation should be used as a guide only, and that whatever the correct zoning is would control the use, and that to adopt the proposal would re- quire a 4/5 vote. Councilmember Blanchard asked if there was any room for compromise between the developer and residents, and suggested tabling action if there is a possibility of compromise. Mayor McCarty stated that in reference to the Comp Plan, it is not to be viewed as a hard and fact outline of the community, but that they are dealing with guidelines. He stated that there seem to be some continuing problems with parking, snow plowing and garbage and so forth, which can be dealt with. However, there is a problem with the compatibility with the surrounding neighborhood. He stated he felt it is good planning to do transitional zoning, and that they could maintain the neighborhood as R -1, for some distance, and then allow the higher zoning toward the Bel Rae Ballroom. Attorney Meyers advised the item could be tabled, but there would be a logistics problem, as everyone involved would have to be notified again for further discussion and action. Motion /Second: McCarty /Linke to deny the plat as presented, with the reasons for denial based upon the existing Zoning, Comprehensive Plan and Chapter 40 of the Municipal Code, and further, to table the Babinski proposal and rerefer it to the Planning Commission for further disposition, taking into consideration transitional zoning. 5 ayes 0 nays Motion Carried