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HomeMy WebLinkAbout1977-239 CCR Member Tony Kuefler, introduced the following resolution and moved its adoption: RESOLUTION NO, 77 -239 RESOLUTION REGARDING DISPOSITION OF PLANNING COMMISSION APPLICATION NO. 77037 AND APPLICATION NO, 77038 SUBMITTED BY HO WE INC. WHEREAS, Planning Commission Application No, 77037 was submitted by Howe, Inc, on August 4, 1977 requesting rezoning from R -1 (Single Family Resi- dential) to I -2 (General Industry) of two parcels commonly described as 3129 and 3135 49th Avenue North; and WHEREAS, the Planning Advisory Commission considered the request at a duly called public hearing on August 25, 1977 at which time testimony both for and against the petition was taken; and WHEREAS, the item was tabled to permit the development of additional information and was referred to the Southwest Neighborhood Advisory Group for review and comment; and WHEREAS, the Neighborhood Advisory Group considered the matter at a duly called public meeting on October 4, 1977 and on October 11, 1977 following a tour of the premises on October 1, 1977; and WHEREAS, the Neighborhood Advisory Group submitted a report dated October 11 1977 recommending that the rezoning request not be approved and that the Comprehensive Plan not be amended at this time; and WHEREAS, the Comprehensive Plan at page 67 states that, while the existing fertilizer plan should be recognized, further expansion of the operation should be prohibited and if at all feasible the eventual relocation of the use to a more compatible site should be undertaken; and WHEREAS, the Planning Advisory Commission continued its consideration at a duly called public meeting on November 10, 1977 and recommended denial of the request on the grounds that the proposal is not consistent and compatible with the surrounding use classifications; that the zoning proposal is not consistent with the Comprehensive Plan; and that the expansion of the zoning district is not warranted by the Comprehensive Plan or by the best interests of the community; and WHEREAS, the item was considered by the Council at a duly called public hearing on November 14, 1977 when testimony both for and against the petition was taken, and when the item was tabled to permit development of additional information and to permit the opportunity for the applicant to review the matter with the neigh- boring property owners; and WHEREAS, the City Council continued its consideration at its November 28, 1977 meeting, when testimony both for and against the petition was received; when information regarding pollution control was presented by representatives of the Minnesota Pollution Control Agency; and when analysis of the land use issues were presented by the City Administration and the City Attorney: RESOLUTION NO. 77 -239 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that Application No. 77037 submitted by Howe, Inc. is hereby denied in consideration of the following: 1. The Planning Advisory Commission recommended denial of the re- quest, following public hearings, review by the Southwest Neigh- borhood Advisory Group, and discussion of the Comprehensive Plan. 2. The proposed zoning classification is not consistent with the Com- prehensive Plan guidelines for the area. 3. The rezoning request represents an expansion of the fertilizer plant operation which the Comprehensive Plan recommends should be prohibited. 4. The applicant's use constitutes a non conforming use in the I -2 district, and as such, is prohibited from expansion and enlargement by the Zoning Ordinance Non Conforming Use provisions. 5. The use is found to remain incompatible with the surrounding resi- dential land uses, and amendment of the Comprehensive Plan and Zoning Ordinance is thus deemed unwarranted at this time. BE IT FURTHER RESOLVED that related Application No. 77038, consisting of proposed site and building plans and contingent upon rezoning approval, is hereby denied. December 12, 1977 Date Mayor ATTEST Deputy Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka and upon vote being taken thereon, the following voted in favor thereof: Philip Cohen, Tony Kuefler, Bill Fignar, and Gene Lhotka; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted.