2005.12.08 PC Minutes - Laserfiche WebLink

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Planning Commission Minutes — December 8, 2005 Page 2 The CDD evaluated the rezoning request using the criteria in Section 1015-100.1 of the Hugo Zoning Code. He explained that it was staff's opinion that the request was not in compliance with the City's Comprehensive Plan and it would have a negative impact on adjacent property owners. Though the applicant's proposal would improve the appearance of the site, the property could be redeveloped under the existing zoning. A map with the surrounding zoning showed all four corners of the intersection of 140th Street and Highway 61 zoned Residential Service, which allowed for lower impact, lower intensity uses. The proposed site had residential development to the east and south and there had been previous friction between taverns and residents in the past. The CDD indicated that is not the case with all establishments, but ownerships do change and once the zoning is in place, it would be hard to change the zoning back. Terry Montpetit, the applicant, explained that he lived in Mahtomedi and had been in business for 20 plus years. He said the property had a lot of potential and he showed the Commission elevations of the proposed building. Montpetit said he had been working with the Minichs, owner's of the property, for a year on the purchase agreement. He indicated that he would save as many trees as possible. Schumann asked him to justyify the rezoning of the property and Montpetit responded that the downtown area was two blocks to the north and was asking it to be moved further south to accommodate his establishment. The three acres could accommodate parking and buffering. He said he felt the City was ready for a nice restaurant. Schumann said that spot zoning would be an issue and there needed to be a pretty compelling argument for that. Bill Krantz, attorney for Montpetit, said the City had developed a central downtown district and they were simply asking to expand it. Their proposed use would be in conformance with the C-1 Zoning District. Hoffheck asked why they would expand on it when a lot of time went into preparing the plan. Krantz said the property needed to be redeveloped and Hoffbeck said it could be redeveloped under the Residential Service zoning. McRoberts asked if they had spoke to the property owners to the north. To avoid spot zoning, those properties would have to be rezoned as well and he questioned whether those owners approve of it. Krantz responded he had talked to Scott Montgomery, who owned the parcel to north and some properties to the south, and was unsure what his plans for the property were.