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CCP 04-27-1987
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CCP 04-27-1987
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<br /> . <br /> Arden Hills City Council <br /> Attention: Ms. patricia Morrison <br /> . Page 2 <br /> March 30, 1987 <br /> authority (e.g. a planning or zoning board) have been held not to <br /> constitute illegal condi tion or contract rezoning. I have so <br /> advised Mr. Stolpestad. <br /> Mr. Stolpestad is not so sure that an agreement with the <br /> surrounding neighbors can be achieved. The neighborhood <br /> associations apparently do not represent the interest of all <br /> citizens. There is a nucleus of women, he has told me who are <br /> quite adamant about having the land developed at all. He says <br /> that his client would be willing to reach some type of <br /> contractual arrangement with the planni ng commission of the City <br /> which, of course, does not have final zoning authority. I told <br /> him in a phone conversation on March 30, 1987 that I would broach <br /> this possibility with you. <br /> Before you even consider contract or conditional rezoning, <br /> you should take a step back and look at the whole issue from a <br /> different perspecti ve. The subject parcel is presently zoned B- <br /> l. That is an extremely restrictive zoning district. The only <br /> . uses permitted as a matter of right in that district are farming, <br /> clubs and lodges, daycare facili ties for over ten individuals, <br /> offices, research and utility distribution lines. The rest of <br /> the uses which are permissible in that zoning district are only <br /> to be permitted after careful scrutiny by the planning commission <br /> and the Council and issuance of a special use permit therefor. <br /> The Applicant wi she s to rezone the subject parcel to B-2. <br /> In that district, the following uses are permitted as a matter of <br /> right: farming, clubs and lodges, commercial recreation, daycare <br /> facilities for over ten individuals, hotels and motels, medical <br /> clinics, offices, personal services, restaurants, retail sales, <br /> and util i ty distributions lines. The rest of the uses <br /> permissible in that zoning district are only permitted after a <br /> thorough review by the planning commission and the Council and <br /> the granting of a special use permi t therefor. The more <br /> offensive uses allowed in B-2 districts--e.g. , drive-in <br /> businesses, fast food restaurants, electronic towers, land <br /> reclamation and mining, motorized vehicle sales, etc. and service <br /> stations--cannot be instituted unle ss the council grants a <br /> special use permi t. Accordingly, as to those uses which would be <br /> deleterious to the surrounding neighborhood, the Council has <br /> absolute, discretionary control. Thus, I do not even see the <br /> need for a contract or conditional rezoning. <br /> . However, as to those uses which are permitted as a matter of <br /> right, the Council has authority under Section VIII. E. of <br /> Appendix A of the Arden Hills Code (the Zoning Ordinance) to <br /> conduct a thorough site plan review of the landowner's plans for <br />
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