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AttachmentB <br />describes this relationship between the <br />Comp Plan and Zoning in its Intent and Purpose provision (1001.03). as follows: <br /> <br />This Title shall divide the City into districts and establish re <br />regard to land and the buildings thereon. These regulations are <br />established to: <br />A. Protect and to promote the public health, safety, peace, comf <br />convenience, prosperity, and general welfare of the community an <br />its people through the establishment of minimum regulations <br />governing land development and use; <br />B. Protect and enhance the character, stability, and vitality of <br />residential neighborhoods as well as commercial areas; <br />C. Promote orderly development and redevelopment; <br />D. Assist in the implementation of the Comprehensive Plan. <br />(Emphasis Added) <br />E. Foster a harmonious, workable relationship among land uses; <br />F. Promote the stability of existing land uses that conform with t <br />Comprehensive Plan and to protect them from inharmonious <br />influences and harmful intrusions; <br />G. Insure that public and private lands ultimately are used for <br />purposes which are most appropriate and most beneficial for <br />the City as a whole; <br />Note that these Code provision above (subdivision A) describes its regulations in <br />minimum <br />terms of meeting requirements; it does not describe its provisions in <br />terms indicating that anything not prohibited is therefore allowed. <br />This Code provision subdivision G most <br />appropriate and most beneficial for the City as a whole) in language which clearly <br />allows some discretionary judgment to elected officials. <br />In addition the Code in subdivision D also clearly speaks to the relationship <br />between itself and the Comprehensive Plan. Risking oversimplification, the <br />Comp Plan Speaks and the Zoning Implements. <br />If the zoning ordinance does not adequately reflect the Comp Plan then the <br />Zoning Ordinance is defective in those aspects wherein such inadequateness is <br />found. And pursuant toMinnesota Statutes 473.864, subdivision 2,a local <br />government unit shall not adopt any fiscal device or official control which is in conflict <br />with its comprehensive plan. <br />st <br />City staff agrees with this assessment. In the June 21 Determination city staff <br />state the following on page 5: <br />The City Attorney has advised staff that to the extent that a zoning code is inconsistent <br />with the comprehensive plan, the zoning code should be amended to reflect the <br />SWARN Appeal--July 2, 2012 <br />8 <br />Page8of18 <br /> <br />