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Planning Commission Meeting Minutes October 19, 2004 Page 4 through that process with the Planning Commission and the City Council because this is 2 considered a major change to the zoning ordinance. She stated that if the Planning Commission 3 and/or the City Council is not ready to make a decision on the rezoning request, a 60-day 4 extension would have to be implemented to conform to Minnesota statute. She explained that 5 this is very important because by not taking action on the application within 60 days of receipt 6 the City approves the application by default. 7 8 Dan Tyson, Attorney,representing Sunset Memorial Park stated that they are present this 9 evening to answer any questions regarding the request for rezoning. He stated that this is a non- 10 conforming use and the applicant is requesting that the property be rezoned for the purpose of 11 being a cemetery under permitted use within the ROS. He noted that the current zoning 12 ordinance provides permitted use under an ROS district adding that his client is seeking the first 13 step in the process. He indicated that they would be back at a later date for the remainder of the 14 process noting that many questions were raised at the last hearing. He stated that his client has 15 undertaken a study of the funeral home adding that they do not have answers at this point but 16 would at the next level of approvals from the Planning Commission and City Council. 17 18 Dennis Cavanaugh, 2909 St. Anthony Boulevard, stated that he has been a Resident of St. 19 Anthony for 25 years and a Resident of Northeast Minneapolis for 60 years. He stated that he is 20 here to speak on the rezoning request for Sunset Memorial Park. He referenced the Sunset 21 Memorial Park website and provided the Commission with a brief overview of the content included on their website. He stated that this rezoning has obviously touched a nerve with the Community noting that the cemetery has been a part of the Community since 1922. He stated 24 that the cemetery is currently owned by the Alderwoods Group located in Toronto, Canada 25 adding that they are the owner of nine funeral homes and two cemeteries in the Minneapolis area. 26 He stated that at this point the applicant has not presented a clear hardship account and reviewed 27 with the Commission. He stated that he watched the tapes for the Concept Review and reviewed 28 their proposal to demolish the historic administrative building and remove the grassy knoll 29 between the Towers of Memories to add parking space. He reviewed the proposal for 30 demolishing the administration building and expressed concerns stating that the Residents living 31 in the area are concerned and have a right to enjoy the park like atmosphere. He stated that this 32 hearing should be about the demolition of the administration building not the rezoning. He 33 reviewed the proposal stating that they cannot take a commercial operation and place it into an 34 ROS District as they would then have to rezone to commercial, which would require an impact 35 statement and could affect the tax status of the property. He strongly recommends that Planning 36 Commission disapprove the application to rezone. He asked that the Planning Commission 37 please send a clear message to the City Council to continue the present R1 zoning. He assured 38 the Commission that the Residents of St. Anthony would work very hard to preserve this 39 historical cemetery stating that the Cemetery means a lot to the Community and also holds a 40_ historical value to the area. He expressed frustration stating that the insensitivity of tearing the 41 building down for a parking lot and mall area is terrible beyond belief. 42 43 Florence Iverson, 2812 Old Highway 8, stated that if this becomes recreational open space(ROS) and open it up for business (funeral home) that she would like to put in her application for the 4D first hot dog stand. She noted that this may sound strange but that is what the Commission and 46 Council would be doing if the approve this proposal.