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Zoning Ordinance Amendment Page 1 of 1 Kim Moore-Sykes From: Gilligan, Jerome [Gilligan.Jerome@dorsey.com] Sent: Tuesday, April 26, 2005 2:08 PM To: mmornson@ci.saint-anthony.mn.us; kmoore@ci.saint-anthony.mn.us Subject: Zoning Ordinance Amendment Mike and Kim—Attached is an amendment to the Section 1665.03 to conform it to the requirements of Minnesota Statutes, Section 462.357, subd. 2(b), which provides that a supermajority vote on any amendment to a zoning ordinance only applies in the case of a rezoning from a residential district to either commercial or industrial district. This law has been in effect since 2001 and the City may not deviate from it. Also attached is an ordinance amending the Section 1665.04 to change the requirements for approval of a conditional use permit from a 4/5ths vote of all the members of the Council to a majority vote of all the members. I think it is a good idea to make this change. While Minnesota law does not prohibit the City from imposing a 4/5ths vote requirement to grant a conditional use permit, this now seems inconsistent with the requirement that a zoning amendment only needs a majority vote(other than for rezoning from residential to industrial or commercial) and also with the standard for approval of a CUP, which is that a CUP that meets the conditions of the zoning code generally must be approved unless the Council finds the use detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. I don't know the history of the 4/5ths requirement but think this is something that should at least be reviewed when the Planning Commission and Council adopt the amendment to Section 1665.03. Jerry CONFIDENTIAL COMMUNICATION: E-mails from this firm normally contain confidential and privileged material,and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited,and may be a violation of law. If you believe that you received this e-mail in error,please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e- mail,all attachments and any copies thereof. Thank you. <<Voting on zoning amendment.doc>> <<Cond Use Permits amendment.doc>> 4/26/2005