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