Agenda - Council - 12/14/2021 - Laserfiche WebLink

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Carl Biederman, 7050 175th Avenue, stated that the comment that the notice was not provided well in the past is an understatement. He asked when the City is going to start listening to residents. He stated that the developer does not care what happens after they are done. He shamed staff and the Commission if this is allowed to pass. He believed the City should make the choice to start over and do things right rather than pass this. He stated that they never received a notice, and the City did something wrong. Chairperson Bauer commented that he does not believe that the current Commission members and staff were in position in 2011 and therefore cannot provide those answers. He commented that the City has learned and continues to do more than is required. He stated that the property is zoned for 80-foot lots and the request is in compliance,therefore it is a legal request, and the City cannot deny something allowed. Ms. Palmer asked if the City would be liable to a lawsuit from the developer if they deny the request because of the zoning change in 2011. Chairperson Bauer commented that if an applicant proposes something that meets the zoning requirements it cannot be denied. He stated that there is an active request on the property. Ms. Palmer asked what would happen if a second developer came forward with a plan for the property and whether only one plan is studied at a time. Senior Planner McGuire Brigl replied that only one plan is reviewed at one time. Ms. Palmer asked if the citizens could sue the City. She commented that if enough residents do not want a development, something should be allowed to be changed. Chairperson Bauer commented that the Commission receives information from the country with planning related cases and there are numerous instances where cities are sued for denying requests that meet the ordinance requirements and, in those cases, the developer wins. Councilmember Woestehoff stated that this is not the developer versus the residents. He stated that the current property owners still own the property and have the right to develop the property. He stated that if the zoning restrictions are changed on an active parcel attempting to be sold, the City could be liable. He commented that zoning can change with time, through the appropriate processes as it did on this property. He commented that there are three Councilmembers present tonight in Chambers and they are very cognizant that the rural character is changing in this area of the city and will keep that in mind when developing the next iteration of the Comprehensive Plan. He stated that the property owner has the right to sell their property with the appropriate price that this zoning provides. He stated that if that right is taken away, that is where the liability would come. Ms. Palmer commented that instance takes away the opportunity for a regular person to come and purchase part of the property. She asked the distance 700 feet would be from the subject property. Planning Commission/ October 28, 2021 Page 6 of 23