CCP 09-30-1996 - Laserfiche WebLink

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{~'3 I 1. THE CHARACTER OF THE GOVERNMENTAL ACTION .- The existing Comprehensive Plan and Zoning Ordinances as well as the Special Use Permit I which was granted to the Lake Johanna Volunteer Fire Department Trust are clear. There is no reason for a change. Key reasons include: I A. Residents and taxpayers rely on City ~overnment and its elected and appointed officials to adhere to the Comprehensive Plan and Zoning Ordinancesand it was I with that reliance that I purchased my property in June of 1996. B. It important to ask the Plannin~ Commission to seriously Question what the I character of any ~overnmental action would be which would support the actions taken by LJVFD. its en~ineers. and its contractor in this matter C. There is no precedent for the actions LJVFD, its engineers, and its contractor I took. There is no precedent for the legal approvals they are now seeking for those actions. I . This point is particularly important because of the Quasi-~overnmental role the LJVFD has as a contracted provider of services to Arden Hills, now in the ninth year of a ten year contract with the city. If anything, LJVFD should be I setting the standards, not unknowingly or knowingly breaking or ignoring them. In addition., both of the firms hired to engineer and install the parking lot also do .. contract work for the City of Arden Hills. Both should have a clear understanding of the City's permitting procedures, the Zoning Ordinances, etc. and be able to coordinate their efforts adequately to "check-off" completed requirements I . This point is also particularly important because of the special use conditions under which LJVFD is permitted to operate in a residential area, including the I requirement for a 75 foot setback from anv abutting: residential property (they built the parking lot nine feet from my property, thus being in noncompliance by 66 feet). . D. Should the Plannin~ Commission consider ~rantin~ the chan~es requested bv the LJVFD. it would set a precedent. That precedent would open the door for I other organizations wishing to operate in noncompliance of special use permits. It would also open the door to organizations wishing to locate in Arden Hills in noncompliance of existing Comprehensive Plan and Zoning Ordinance - restrictions. Such an action would, in effect, serve to jeopardize the real and potential value of residential property throughout our community. I And, finally, I call your attention to the provisions of Minnesota State Statute 462.357 on Housing, Redevelopment, Planning, and Zoning. One of the conditions of the statute states that: The board of I appeals and adjustments or the government body as the case may be, may not permit as a variance any use that is not permitted under the ordinance forproperty in the zone where the affected person's .. land is located Arden Hills Planning Commission Meeting, September 4, 1996, page 8 I ----- -------