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Attachment C RESOLUTION NO. A RESOLUTION OF THE ROSEVILLE BOARD OF ADJUSTMENTS AND APPEALS CONFIRMING THE DECISION OF THE COMMUNITY IT,Y DEVELOPMENT DEPARTMENT DEN,YING THE PETITION OF THE PROPERTY OWNERS ABUTTING/SURROUNDING 3253 AND 3261 OLD HIGHWAY WHEREAS, on November 1 , 2010, the property owners surrounding 3253 and 3261 Old Highway 8 delivered to the City of Roseville a Petition calling on the Roseville City Council to amend the Roseville Comprehensive Plan to recommend "Medium Density Development"' with future zoning to be of density no greater than R-6 for 3253 and 3261 Old Highway 8 and WHEREAS, the Petition was referred to the Roseville Community Development Department for review and action and WHEREAS, as part of its review process the Roseville Community Development Department requested an opinio n from the City Attorney regarding the rights of the Petitioners pursuant to the Petition; and WHEREAS, the City Attorney determined that the Petitioners sought an amendment to the Comprehensive Plan, and that pursuant to City Code Section 201.07 a request for an amendment to the City Comprehensive Plan by surrounding property owners is not allowed; and WHEREAS, based upon the City attorney's determination and other information dee med relevant, the Roseville Community Development Department decided that the Petitioners did not have standing to initiate an amendment to the Comprehensive Plan; and WHEREAS, on December 8, 2011, the Roseville Community Development Director informed Rita Mix, coordinator for the property owners of the decision, and sent a copy of the letter from the City Attorney setting forth the reasons for the decision; and WHEREAS, on December 20, 2010 an Appeal to the decision to deny the Petition was submitted to the City by Pita Mix on behalf of property owners surrounding 3253 and 3261 ld Hwy 8 and WHEREAS, the Appeal was referred to the Roseville Board of Adjustments and Appeals and was considered at a public meeting held on January 10, 2011 and WHEREAS, at its January 10th meeting, the Board of Adjustments and Appeals referred the Appeal to the Roseville Planning Commission for its review and report pursuant to Minnesota Statutes § 462.354, Subd. 2 and WHEREAS, the Planning Commission met on February 2, 2011 to review the Appeal and voted 5 to 0 to confirm the decision of the Community Development Director to deny the Petition; and I