CC_Minutes_2011_0110 - Laserfiche WebLink

Home

Regular City Council Meeting Monday,January 10,2011 Page 4 Code Update to bring the City's Zoning Code into compliance with the City's up- dated Comprehensive Plan; and subsequent appeal of that decision by the Woods Edge Homeowners Association and surrounding Old Highway 8 neighborhood residents regarding the decision to rezone 3253 and 3261 Old Highway 8 from R- 1, Single Family Residential District to HDR-1, High Density Residential District. Mr. Trudgeon reviewed the basis of the appeal; review of the appeal by City staff and the City Attorney; and their determination that there was no provision under the new City Code to allow for residents to appeal a decision made by the City Council to the Board of Adjustment and Appeals. Mr. Trudgeon noted staff's re- sponse to Ms. Mix by letter dated January 5, 2010 (Attachment D) and recourse available to the appellants to seek judicial review of the City Council action pur- suant to Minnesota State Statutes, Chapter 462.361. Mr. Trudgeon advised that no action by the Board was recommended at this time, and that this case was presented for informational purposes only. Mr. Trudgeon advised that, if an appeal was received regarding this above-mentioned adminis- trative ruling, the Board of Adjustment and Appeals would need to look at the administrative ruling and determine whether staff's determination was correct un- der Chapter 1009.08 of City Code. Member McGehee asked if it was possible for the City Council to take action it- self without appeal from the public. City Attorney Bartholdi advised that there were procedures in place should a member of the City Council come forward to initiate placing such a matter on a City Council agenda. Member Willmus clarified that this would be done after the City Council recon- vened as the City Council. Chair Roe concurred, noting that this would be addressed under the Rules of Pro- cedure adopted by the City Council. Chair Roe opened the meeting to public comment specific to this issue. Public Comment Karen Hagen, 2485 County Road C-2 West Ms. Hagen requested that the Board reconsider, noting that while many residents of the neighborhood would prefer not to continue attending public meetings re- garding this issue, they were committed and asked that the Board take into con- sideration that evident commitment, despite staff's recommendation. Ms. Hagen asked that the Board carefully review this neighborhood and whether the deci- sions made to-date are in the best interest of the neighborhood and its residents.