Agenda Packets - 1987/06/08 - Laserfiche WebLink

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MEMO TO% PLANNING COMMISSION FROM: CLERK -ADMINISTRATOR 00 DATE: MAY 11, 1987 SUBJECT: GREG JOHNSON, 2845 TRUNK HIGHWAY 10, REZONING REQUEST FROM R1 SINGLE FAMILY RESIDENTIAL TO RD, RESIDENTIAL -OFFICE, MOUNDS VIEW PLANNING CASE 208-87 Prior to discussing the rezoning application currently before the City, an analysis of the recent history of this property seems appropriate. The property in question has an extensive history in that the current property owner has operated a radiator repair shop in the garage of the single family residence, which the City has contended is in violation of the Home occupation provisions of the Zoning Code. Also, the property owner has previously requested a rezoning from the current R1, Single Family Residential Zoning to B3, Highway Commercial. The City denied the rezoning request and the property owner in response to this denial filed'suit in Ramsey County District Court requesting that the Court approve the rezoning. In response to this suit, the City filed a countersuit requesting that the Court determine that the current use is in violation of the city's Home Occupation provisions of the Zoning Code and order that the use be discontinued. The District Court ordered the rezoning to B3 in response to these suits and the City filed an appeal with the Minnesota Appellate Court which then overturned the rezoning order upholding the city's Comprehensive Land Use Plan and remanded the decision regarding the Home Occupation Use question to the District Court. No hearing has been held on the remanded question. The property owner is now requesting that the property be rezoned to R0, Residential office, a District established to, "...provide for high density residential use and for the transition and land use from residential to low intensity business allowing for the intermixing of such uses." All principle uses allowed in an R4, High Density Residential District are permitted in an RO District. Also, as a conditional permitted use, the following uses are allowed: "Medical Offices and Clinics Dential Offices and Clinics Professional Offices and Commercial (Leased) Offices (limited to appraiser, architects, attorneys, certified public accountants, clergymen, dentists, engineers, manufacturer's representatives, physicians, real estate agents, and other similar uses which require no delivery of goods, have no storage or merchandise, and are service oriented with no retail sale of goods on the premises, and funeral homes and mortuaries...)" The City's Comprehensive Land Use Plan designates this property as Medium Density Residential, copy of District 6 Plan attached.