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I <br />I <br />I <br /> <br /> I <br /> <br /> I <br />I <br /> <br />Planning Commission the same two property owners indicated that if the property surrounding <br />them was going to be medium density residential than they would like the land use to change for <br />their property as well. The Planning Commission recommended on a 6-1 vote with one <br />Commissioner abstaining, to change the land use including Menth and Onstad properties. <br /> <br />Motion by Councilmember Anderson, seconded by Mayor Gamec, to adopt Resolution #02-02- <br />__ approving an amendment to the Comprehensive Plan to change the land use from low <br />density residential to medium density residential, including Menth and Onstad properties, and <br />authorizing staff to submit the Comprehensive Plan amendment to the Met Council. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Anderson, and Kurak. Voting <br />No: Councilmembers Hendriksen and Zimmerman. <br /> <br />Niles Property (Northeast Comer of Alpine and Highway #47) <br /> <br />Principal Planner Trudgeon stated that the City received a request to change the land use from <br />Places to Shop to a combination of Places to Shop and Medium' Density Residential. The <br />Planning Commission recommended the land use change unanimously. <br /> <br />Councilmernber Hendriksen inquired if it was possible to split a parcel with land use districts, <br />and could it be enforced legally. <br /> <br />City Attorney Goodrich replied that he felt that the split land use could be enforced as long as the <br />property owner is in agreement with the change and it can be defined. <br /> <br />Councihnember Anderson noted that the City made the request. <br /> <br />City Attorney Goodrich noted that the property owner was in agreement. <br /> <br />Councilmember Hendriksen inquired if the zoning is partially places to shop and partially <br />medium density could they defend that in court. <br /> <br />City Attorney Goodrich replied that if they can't reasonably determine the two area it may take <br />some interpretation, but that does not mean they can't do that. He did feel that they could <br />enforce the two land uses and interpret them. <br /> <br />Councilmember Hendriksen inquired if the medium density would go to the boundary of the <br />property. <br /> <br />Principal Planner Trudgeon replied yes. <br /> <br />Motion by Mayor Gamec, seconded by Councilmember Anderson, to adopt Resolution #02-02- <br />~ approving an amendment to the Comprehensive Plan to change the land use from Places to <br /> <br />City Council/February 26, 2002 <br /> Page 17 of 35 <br /> <br /> <br />