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32 zoning or development that directly affects their property. The City has initiated 33 this change in zoning, making it dependent on and subsequent to the 34 Comprehensive Plan. Thus by disallowing the Petition on the basis that abutting 35 property owners have no standing to petition a change in the Comprehensive 36 Plan,, the abutting property owners are being denied the ability to exercise the 37 right to petition or otherwise influence zoning and land use decisions that affect 38 their own property. Denial of petition rights in this circumstance is contrary to 39 the intent of the ordinance. 4O 1.3 Appeals of administrative decision made by the Community Development Department,, 41 are required to go the City Council acting as the Board of Adjustment and Appeals. 4 1.4 The petition was considered by the Board of Adjustments and Appeals on January 10, 43 2011 and pursuant to Minnesota State Statutes §462.354, Subd. 2, the petitioner was 44 referred to the Planning Commission for its review and report. 45 1.5 Per this specific appeal, Minnesota Statutes §462.354, Subd. 2, provides as follows.- 46 "In any municipality in which the planning agency does not act as the board of 47 adjustments and appeals, the board shall make no decision and any appeal or petition 48 until the planning agency, if there is one, or a representative authorized by it has had 4 reasonable opportunity,, not to exceed sixty (60) days, to review and report to the board of 50 adjustments and appeals upon the appeal or petition."' 51 1.6 The Planning Commission acts as the planning agency and the report is a 52 recommendation regarding whether the Community Development Department/Planning 53 Division rendered the correct and appropriate decision regarding the petition. 54 2.0 ZONING ORDINANCE REQUIREMENT 55 2.1 Section 201.07 (PROCEDURE FOR ADOPTION OF CITY COMPREHENSIVE PLAN) 56 reads as follows.- 57 a. The Planning Commission may, at any time, recommend to the City Council, the 58 adoption of the City Comprehensive Plan, any section of it or any substantial 59 amendment thereof. Before making such recommendation to the City Council, the 60 Planning Commission shall hold at least one public hearing, as provided for in 61 Chapter 108 of this Code. The recommendation by the Planning Commission to 62 the City Council shall be by a resolution of the Commission, approved by the 63 affirmative votes of not less than 5/7ths 64 of its total membership. The Commission may from time to time recommend 65 minor amendments to the City Comprehensive Plan or any section thereof without 66 the public hearing mentioned herein providing that a majority of its members are 67 of the opinion that such hearing is not necessary or in the public interest. (Ord. 68 1175A, 11-25-1996) 69 b. If an amendment to the Comprehensive Plan Future Land Use Map is requested 70 by a property owner, the applicant shall hold an open house meeting with 71 residents and property owners in the vicinity of the affected property prior to 72 submitting an application for the amendment. PF1 I -00 I —RCA-02141 1. doc Page 2 of 3