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1700 West Highway 36 <br />Suite 110 <br />Roseville, MN 55113 <br />(651) 223-4999 <br />(651) 223-4987 Fax <br />www.ebbqlaw.com <br />T0. Mayor Roe and Councilmembers <br />FROM.- Charles R. Bartholdi <br />RE.- Land Use Appeals <br />Our File No.- 1011 -00196 <br />DATE.- January 5, 2011 <br />James C'. Erickson, Sr. <br />Caroline Bell Beckman <br />Charles R. Bartholdi <br />Karl L. Quinn <br />MarkF.Gaughan <br />James C'. Erickson, Jr. <br />Robert C�. Bell - of colunse,l <br />As I indicated in my previous memorandum to you, the following three Land Use <br />Appeals have been received by the City.- <br />1. Appeal by "members and property owners of Woods Edge Homeowners Association"' <br />to the decision to change the zoning of the adjacent parcels at 3253 and 3261 Old <br />Highway 8 from Low Density Single Family Residential (R-1) to High Density <br />Residential HRD-1) ("Woods Edge Appeal"')�. <br />2. Appeal by the "property owners abutting/surrounding the parcels at 3252 and 3261 <br />Old Highway 8"' to the decision to deny the petition to amend the Roseville <br />Comprehensive Plan to recommend Medium Density Development with future <br />zoning to be of density to greater than R-6 for 3252 and 3261 Old Highway 8 ('"Old <br />Hwy 8 Appeal"')�. <br />3. Appeal by Har Mar neighborhood residents to the decision to eliminate the R-I <br />zoning of the south end of the Har Mar parking lot ("Har Mar Neighborhood <br />Appeal". <br />As a result of the adoption of the New Zoning Map and Code on December 13, 2010 and <br />publication on December 21, 2010 ("New Zoning Code"')�, the Board of Adjustments and <br />Appeals no longer hears appeals relating to City Council land use decisions (See Section <br />1009.08). Section 1002.06A.2. of the New Zoning Code provides that the Community <br />Development Department is to interpret the provisions of the Code. Following the delivery of <br />my prior memorandum, the Community Development Department reviewed the Appeals, as <br />required by Section 1002.06, and determined that the Woods Edge Appeal and Har Mar <br />Neighborhood Appeal are appeals of City Council land use decisions and, consequently,, are not <br />reviewable by the Board of Adjustments and Appeals. Therefore, only the Old Hwy 8 Appeal <br />needs to be considered by the Board of Adjustments and Appeals. <br />The Old Hwy 8 Appeal is an appeal of an administrative decision. Section 1009.08 of the <br />New Zoning Code provides that such administrative decisions are appealable to the City Council, <br />