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ATTACHMENTC <br />ARDEN HILLS CITY COUNCIL – May 22, 2006 9 <br /> <br />still have the option to deny the preliminary plat at a later meeting. A tabled application, whether <br />in full or in part, would be remanded back to the Planning Commission for further review. <br /> <br />If the full application was denied, the findings from the Planning Commission should be cited as <br />the reason for the denial unless other findings are developed. Once denied, Section 8.E.4 of the <br />Zoning Ordinance states that an application cannot be resubmitted for the subject properties <br />within six months of the date of denial. It may be possible to grant a waiver to this provision if <br />the City Council so desired. <br /> <br />He noted the City received the completed application for this request on April 10, 2006. <br />Pursuant to Minnesota State Statute, the City must act on this request by June 10, 2006 (within <br />60 days), unless the City provides the petitioner with written reasons for an additional 6-day <br />review period. The City may, with the petitioner’s consent, extend the review period beyond the <br />120 days. <br /> <br />Councilmember Larson <br /> stated given the recommendation of staff, the Planning Commission, <br />and applicant’s request, he believed they should table this. <br /> <br />Tim Horita <br />, property owner of 3685 and 3695 New Brighton Road, requested this be tabled to <br />redesign the proposal. He believed they would be able to address all of the concerns of the <br />Planning Commission and hoped to be able to reconfigure this so they would not need to request <br />a variance. He indicated he would be working with the adjacent property owners regarding this. <br /> <br />MOTION: <br /> Councilmember Larson moved and Councilmember Grant seconded a <br />motion to table both the plat and the variance to give the applicant an <br />opportunity to revise the plan and remand this back to the Planning <br />Commission for review. The motion carried unanimously (5-0). <br /> <br />D. Planning Case 06-15: Zoning Ordinance Addition for the B-4 Zone <br /> <br /> <br />Mr. Lehnhoff <br /> stated applicant is requesting a Zoning Ordinance addition to allow “higher <br />education” and “special education” as a permitted use in the B-4 Zone. The B-4 Zone <br />encompasses those properties immediately adjacent to Dunlap Street North between Red Fox <br />Road and Grey Fox Road. <br /> <br />He indicated although Planning Case 06-016 (Special Use Permit for Higher and Special <br />Education) was dependent upon this planning case, the details of Planning Case 06-015 should <br />not be considered when evaluating the request in this planning case. When reviewing a zoning <br />ordinance amendment or addition, it was important to consider how the change would affect the <br />entire zone instead of one specific property. If approved as requested, higher or special education <br />could be a permitted use on any property in the B-4 Zone. <br /> <br />He stated the Planning Commission recommended approval (4-2) of the Zoning Ordinance <br />request to allow higher and special education as a special use in the B-4 Zone. <br /> <br />