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CASE <br /> <br /> PUBLIC HEARING <br /> REQUEST FOR COMPREHENSIVE PLAN AMENDMENT; <br /> CASE OF PATRICK FITZPATRICK <br />By: Patrick Trudgeon, AICP, Assistant Community DeveloPment Director <br /> <br />Background: <br /> <br />The 2001 Comprehensive Plan shows the property located at 9150 Highway 10 as Low Density <br />Residential. Patrick Fitzpatrick resides on the subject property and recently became aware of the <br />parcel's residential land use designation. Mr. Fitzpatrick does not agree with the residential <br />designation and is requesting a comprehensive plan amendment to change the land use <br />designation from Low Density Residential to Places to Shop. <br /> <br />The following items are enclosed for your information: <br /> <br />a) Site location map <br />b) Exhibit showing property subject to Comprehensive Plan Amendment <br />c) Proposed Resolution approving the request and authorizing submittal to <br /> Metropolitan Council <br /> <br />the <br /> <br />Notification: <br /> <br />State law requires that property owners within 350 feet of the subject property be notified of the <br />public hearing. <br /> <br />Observations: <br /> <br />The subject property was designated commercial in the Comprehensive Plan and zoning map <br />prior to the adoption of the 2001 Comprehensive Plan. During the adoption of the 2001 <br />Comprehensive Plan a determination was made to change the area's land use designation from <br />commercial to residential. Staff was unable to determine the precise rationale for changing the <br />subject property's land use designation to residential, but found that the residential designation <br />was shown on draft land use maps as early as .1999. It may have been changed to residential <br />because it is surrounded by an existing single-family neighborhood (Itasca Heights), and the fact <br />that there is currently a residence on the subject property. <br /> <br />The subject property has been in Mr. Fitzpatrick's family for 35 years and was designated and <br />zoned commercial fbr that entire time period. He expressed concern to staff that proper notice <br />was not given for the Comprehensive Plan update and subsequent residential rezoning. Staff <br />provided Mr. Fitzpatrick with copies of several mailings that went to all postal recipients in the <br />City. One mailing was sent for the Comprehensive Plan update, which included a map showing <br />proposed changes. Another mailing was sent for the residential .rezonings after the <br />Comprehensive Plan was adopted; this mailing also included a map showing proposed rezonings. <br />Mr. Fitzpatrick's property was shown as residential on both of these mailings. <br /> <br />37 <br /> <br /> <br />