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City Council Regular Meeting Minutes June 28, 2005 Page 5 Martenson was encouraged to come back with a different plan, he was envisioning a two - family L home, which would fit in better. To the east is a two - family home. It would be more palatable if 3 it were not a dense proposition. He also noted it is better if the applicant would come in with a 4 concept review, get feedback and approach the Commission again. He said he doesn't want to 5 discourage the development of this piece, and hoped something could be done along with the 6 rezoning of this piece. 8 Councilmember Thuesen said he appreciated the comments from all three former Planning 9 Commissioners, and noted Mayor Faust made a good point that the project on 33d and Stinson is 10 an upzone. He said he is coming to the conclusion that this would be approaching spot zoning. 11 It could open a can of worms. If this is not approved, he explained it does not mean the applicant 12 should not approach the City with other plans. 13 14 Councilmember Horst said he is concerned with the talk of rental. One of the problems is that 15 rental can sometimes go downhill. He stated his opinion is he would encourage Mr. Martenson 16 to have owner occupancy. 17 18 Mr. Martenson said he understands the feeling that it may open a can of worms with the spot 19 zoning. He would say it is a unique situation. It is a 1930's house to one side of a large lot 20 making it a special situation. He agrees with the concerns of the rental aspect. In his findings as 21 a real estate agent showing older people homes, there are many that want one level living. He 22 would be fine with having that be a stipulation with the city. Mayor Faust noted that the garage is on property lines. He added that it looks like a twinhome 25 could fit and meet all the setbacks. The easement issues would be avoided and the building 26 would fall in with the R -2 zoning to the east. He said he was giving feedback as would happen 27 in a concept review. 28 29 Motion by Councilmember Stille, seconded by Councilmember Horst, to deny Resolution 05- 30 055, Re: request for rezoning from R -1 Single Family Residential to R -3 Townhomes at 3645 31 Chelmsford Road NE. 32 33 Motion carried unanimously. 34 35 C. Ordinance 2005 -008; Text Amendment Rezoning section 1665 03 36 Planning Commissioner Hanson stated Staff has requested the proposed ordinance text 37 amendment that updates the City's Code on its rezoning process be considered. This change 38 allows only supermajority vote on rezoning requests that want to change residential zoning to 39 either commercial zoning or industrial zoning. 40 41 City Attorney Jerome Gilligan said if a Councilmember is missing at a meeting, this type of 42 request could not be acted on since a supermajority is not present. He explained the Minnesota 43 statute supercedes the City's ordinance. 44 Motion by Councilmember Thuesen, seconded by Councilmember Stille, to approve Ordinance 2005 -008 Re: to rezoning and amendments amending Section 1665.03 of the St. Anthony City 47 Code.