Laserfiche WebLink
CASE <br /> <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) Letter from Robert Peterson and Rodney Twedell received May 2, 2004 <br />d) Letter from Merrill and Andrea Tucker dated May 5, 2004 <br />e) Letter from Ron and Julie Nathe received May'6, 2004 <br />f) Draft Planning Commission Meeting Minutes dated May 6, 2004 <br />g) Proposed Resolution denying request for a Comprehensive Plan Amendment. <br />h) Proposed Resolution approving the request and authorizing submittal' to the <br /> Metropolitan Council <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. Affected property owners were notified. <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 for 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 /> <br /> <br />