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Item No: 7A Meeting Date: July 8, 2002 Type of Business: PH & CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Public Hearing and Consideration of the Martin Harstad Request to Rezone 66 Lots within the Red Oak Estates No. 3 Subdivision from R-1, Single Family Residential, to R-3, Medium Density Residential Date of Report: July 3, 2002 Introduction Martin Harstad, representing property owners Keith and Diane Harstad, has requested approval of a rezoning of the 66 undeveloped townhome lots within the Red Oak Estates No. 3 subdivision, originally platted in 1974, from R-1, Single Family Residential, to R-3, Medium Density Residential. The request would allow the applicant to construct townhomes on the lots, subject to wetland zoning restrictions. Discussion History While not normally a topic warranting significant discussion, there is a considerable history associated with this property that needs to be highlighted. As stated above, the City approved the Red Oak Estates No. 3 plat in 1974 at a time when townhomes were a conditionally permitted use within the single-family residential zoning district. After obtaining the required Conditional Use Permit (then called a “special use permit”), the first building of six units were constructed. For whatever reasons, no other units were constructed. In 1977, the City’s Zoning Code underwent a comprehensive revision. In this revision, townhomes no longer were conditionally permitted within the R-1 district. As a consequence of the revision, no additional townhome units within Red Oak Estates No. 3 could be constructed. In 1983, the Harstads applied for a rezoning of their land to an R-3 designation. The City Council unanimously denied the request. Other than strong neighborhood opposition, the minutes of this meeting do not provide sufficient background as to why the Council ultimately voted against the proposal. In 1995, after the City denied issuance of building permits for the outstanding 66 townhome units, the Harstads initiated legal action against the City seeking damages and compensations for the alleged “taking” of their property. Since then, discussions between the Harstads and the City have been ongoing, however no resolution has been reached and as such the litigation continues.