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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 />Councilmember 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 cannot reasonably determine the two areas, it may <br />take some interpretation, but that does not mean they cannot do that. He did feel that they could <br />enforce the two land uses and interpret them. <br /> <br />Councihnember 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 />061 approving an amendment to the Comprehensive Plan to change the land use from "Places to <br />Shop" to a combination of"Places to Shop" and Medium Density Residential, and authorize staff <br />to submit the Comprehensive Plan amendment to the Met Council (Niles Property NE Comer of <br />Alpine and Highway #47). <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Anderson, and Kurak. Voting <br />No: Councihnembers Hendriksen and Zimmerman. <br /> <br />Councilmember Zimmerman noted that his opposition was that the resident did not request the <br />change. <br /> <br />City Council/February 26, 2002 <br /> Page 17 of 35 <br /> <br /> <br />