HomeMy WebLinkAboutgr00090_000045_pg212August 22, 1977 Page 19
Administrator Achen pointed out that in addition to the B -3 zoning and conditional
use permit, the Council must remember the conflict between the planned use and
Comprehensive Plan and that case history supports the Comprehensive Plan.
MSP (Baumgartner - Ziebarth) to deny the conditional use permit for a convenience food
establishment at the James Refrigeration property at 2741 Highway 10, the reason
being safety. The traffic generated by this type of establishment would create a
hazard with the increased traffic on Red Oak Drive. It is also in conflict with the
Comprehensive Plan which indicates the area should be of a multiple high density
residential usage.
A rollcall vote was taken:
Councilmember Ziebarth - aye
Councilmember Hodges - aye
Councilmember Baumgartner - aye
Councilmember Rowley - aye
Mayor Pickar - aye
Attorney Meyers stated that the courts will usually say that any use will increase
traffic.
5 ayes
Mayor Pickar pointed out that a request was denied for a gas station across the
street about 4 years ago due to the intense traffic on Highway 10.
Mr. Novak asked if the request would be approved if they used china and if they could
get a building permit. Attorney Meyers replied that a development agreement would
have to be entered into.
Councilmember Rowley stated that the major concern was with the safety during the
major hours that the restaurant would be in use. She pointed out that those are
also the hours when the traffic is heaviest and that safety wise, it is a bad loca-
tion for the amount of traffic on Red Oak Drive and on Highway 10. She stated that
she would not object to the restaurant in a different location.
Mr. Risso stated that he would be willing to bring in the studies he had presented his
figures from for the Council's verification. Administrator Achen stated that those
studies should have been submitted with the application in order to give the Council
a chance to review them.
Mr. Bergstrom asked Mr. Risso if he was a resident of Mounds View. Mr. Risso replied
that he lived in Minnetonka and that his house was up for sale and he wasn't sure yet
where he would be moving. Mr. Bergstrom stated that he felt business owners in Mounds
View should live in Mounds View, not across town.
Mayor Pickar stated that the request was denied upon taking into consideration the
Comprehensive Plan for reference to the desired use of the property.
Administrator Achen pointed out that the Comprehensive Plan was adopted with adequte
legal notice and legal procedures for any land owner to speak up against it.
Mr. Gale reminded the :Council that one of the very first questions asked the City was
if the zoning was 6 -3 and they were given the understanding it was. Thus, a proposed
plan should not have greater standing than an actual law.
Administrator Achen recommended that something be decided about what the Council should
do about the conflict between the present zoning and the Comprehensive Plan.
Mayor Pickar adjourned the public hearing and reopened the general meeting.