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<br />REQUEST FOR COUNCIL ACTION <br />Date: April 13, 2020 <br />Item No.: 9.d <br />Department ApprovalCity Manager Approval <br />Item Description:Adopt a resolution memorializing the findings of the City Council’s denial of <br />amendments to Title 10, Zoning, mainly pertaining to height limitations for <br />detached Accessory Dwelling Units (PROJ0017) <br />1 <br />B ACKGROUND <br />Application Information <br />Applicant: Jeffery Lewis <br />Location: N/A <br />Property Owner: N/A <br />Open House Meeting: N/A <br />Application Submittal: Submitted and considered complete February <br />7, 2020 <br />City Action Deadline: April 7, 2020, per Minn. Stat. 15.99 <br />Level of Discretion in Decision Making <br />Actions taken on a zoning text amendmentrequest are legislative in nature; the City has broad discretion <br />in making land use decisions based on advancing the health, safety, and general community welfare. <br />1 Summary of Previous Action <br />2 Mr. Lewis requested an amendment to the zoning regulations pertaining to ADUs to allow greater <br />3 accessory building height, so that they can be built above detached garages, to allow greater ADU floor <br />4 area.The Planning Commission held the duly noticed public hearing for the proposed amendments to <br />5 Title 10, Zoning, on March 4, 2020. After extensive discussion about whether this was the appropriate <br />6 time to give consideration to raising ADU floor area limits, as requested by the applicant, the Planning <br />7 Commission recommended approval of the proposed amendments, not including changes to the floor <br />8 area limit, by a vote of 6 – 1. The dissenting vote stemmed from one’s opposition to the Commission’s <br />9 decision not to consider increases to the floor area limit at the present time. The Commissioners <br />10 unanimously felt the height changes were appropriate given the ADU allowances currently provided in <br />11 the zoning code. <br />12 On March 23, 2020, the City Council discussed the request, and voted unanimously to deny both of the <br />13 requested amendments; draft minutes of the Council’s discussion are included with this RCA as <br />14 Attachment A. The City Attorney recorded the Council’s findings for denial at that time, and has <br />15 prepared a resolution memorializing those findings, included as Attachment B. <br />9d RCA <br />Page 1 of 2 <br /> <br />