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REQUEST FOR BOARD OF ADJUSTMENTS AND APPEALS DISCUSSION Department Approval ;001,9' 17AS Date.- January 10, 2011 Board of Adjustments and Appeals Item.- B. City Manager Approval Item Description.- Appeal from Woods Edge Homeowners Association and Old Highway 8 Neighborhood residents regarding property zoning decisions made by the City Council on December 13,, 2010 I BACKGROUND 2 On December 13,, 2010,, the Roseville City Council adopted a new zoning map as part of the overall 3 zoning code update. The new zoning map became effective on December 21, 2010. On December 20, 4 010, the City Manager received an appeal by the Woods Edge Homeowners Association and 5 surrounding Old Highway 8 neighborhood residents regarding the decision to rezone 3253 and 3261 6 Old Highway 8 from R- I Single Family Residential District to HIT.- I High Density Residential "7 District. 8 The basis of appeal for the Old Highway 8 property is as follows.- 9 1), Failure of public notice as mandated in Roseville Code 108.01 B regarding Public Hearing. The I failures and errors in public notification had the effect of confusing, inconveniencing and "I'll discouraging public participation. 12 2), The owner of 3261 Old Highway 8 and the trustee of 3253 Old Highway 8 and his contractor 13 verbally attacked and intimidated some neighbors after the Public Hearing. Though the Police 14 were called,, the incident caused neighbors to be fearful of participating or opposing the I rezoning. 16 3), The Council gave no substantial reasons that their decision was in the best interest of the I 7 community. They accepted staff recommendation even though it was based on erroneous reports I of density and zoning of surrounding properties. 19 4 More than 30 homeowners attended, emailed and testified to the true nature of the community, 20 citing.- 2 1 a. Development of previously zoned business properties into single-family and townhouse 22 residences 23 b. Previous Council decisions to limit density and height and to protect wetland abutting 24 the parcels. 25 c. The parcels' history of flooding abutting properties. 26 d. Lack of infrastructure,, traffic control, sidewalks,, crosswalks,, and bike paths Page I of 2