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Councilmember Beyer <br />Mayor Hardin <br /> <br />aye <br />aye <br /> <br />Motion carded. <br /> <br />Case #3: <br /> <br />Request to Rezone Certain Property from R-1 Rural Residential to R- <br />3 Urban Residential; Case of New Life Church <br /> <br />Zoning Administrator Frolik gave some background information relating to a rezoning request by <br />New Life Church. On August 13, City staff reported that it has been determined that the City Code <br />is not specific enough to apply 4 in 40 density zoning to parcels that do not have sewer and water <br />available to them. Therefore, if the church did not become a reality, it would be possible for the <br />property to be developed with one-acre single family residential lots. It was also reported to <br />Council that in recent Minnesota court cases, it has been ruled that churches should not be excluded <br />from any residential district without very good cause. As a result of that August 13 meeting, City <br />Council and staff agreed that rather than set a precedent of creating urban parcels in rural districts, <br />City staff should make the necessary arrangements to amend the R-1 and R-2 residential districts to <br />allow churches as permitted uses and deny the request for rezoning from New Life Church. The <br />denial of the request for rezoning should be based on findings of fact that are negative in nature. <br />The previous findings are positive in nature. Staff recommends that Council rescind Resolution <br />g96-07-176 adopting positive findings of fact; review, amend if necessary, and adopt a resolution <br />adopting new findings of fact relating to the request for rezoning and adopt a motion denying the <br />request for rezoning. <br /> <br />Motion by Councilmember Beyer and seconded by Councilmember Beahen to rescind Resolution <br />//96-07-176 adopting Findings of Fact g0404 relating to a request for rezoning from New Life <br />Church. <br /> <br />Motion carried. Voting Yes: Mayor Hardin, Councilmembers Beyer, Beahen, Peterson and <br />Zimmerman. Voting No: None. <br /> <br />Motion by Councilmember Beyer and seconded by Councilmember Beahen to adopt Resolution <br />//96-09-269 adopting Findings of Fact//0411 relating to a request for rezoning from New Life <br />Church. <br /> <br />Motion carded. Voting Yes: Mayor Hardin, Councilmembers Beyer, Beahen, Peterson and <br />Zimmerman. Voting No: None. <br /> <br />Motion by Councilmember Beyer and seconded by Councilmember Beahen to deny the request for <br />rezoning from New Life Church based on Findings of Fact g0411. <br /> <br />Motion carded. Voting Yes: Mayor Hardin, Councilmembers Beyer, Beahen, Peterson and <br />Zimmerman. Voting No: None. <br /> <br />Case /14: Request for Final Plat Approval of Ramsey Meadows 4th Addition; <br /> Case of Jack Menkveld <br /> <br />Zoning Administrator Frolik stated that the preliminary plat approved on May 26, 1992, for <br />Ramsey Meadows, consisted of 29.5 acres to be subdivided into approximately 29 single family <br />lots. At this time, Mr. Menkveld is proposing to final plat the fourth and final phase of Ramsey <br />Meadows which consists of four lots and one outlot. This brings the final total of lots platted in <br />Ramsey Meadows to 27. All lots meet minimum lot dimension and area requirements, but only <br />two of the lots contain the minimum area requirement exclusive of wetlands. All of the lots have a <br />shallow depth that will impact backyard space. The development agreement proposes to obligate <br /> <br />City Council/September 24, 1996 <br /> Page 6 of 13 <br /> <br /> <br />