03-18-1985 Planning Packet - Laserfiche WebLink

Home Browse Search

WP f]? »i Community West zone pages inside Comprehensive plans ove By Paul Gustafson Staff Writer For years Fd Rasmuss^Mi has lived in a single family house at 9065 E. River Rd in a low^ensity residential area. At least that's what he assumed the area was until last December, when Coon Rapids officials told him he was getting new neighbors; two apartment buildings How could that be? Rasmussen won dered. Did he miss a city notice about rezoning the land from low- to high-deasity housing? No. Coon Rapids officials said, there was no rezonIng Instead, the city had changed the area from single family to high-density in its compre hensive plan. What’s more, the city said, the whole area is designated high-density by the comprehensive plan. That means, city officials said, that Ras mussen and his neighbors cannot add to their houses or rebuild them if they are more than half damaged in a fire or storm They could use their properties for hlgh-densify development, but they ’d have to combine their Individual parrelv because none alone is large enough to meet minimum zoning code requirements, said city planner Lee Starr. **For him (Rasmussen), it’s kind of a double whammy.” Starr i>aid. Those revelations have Rasmussen and some of his neighbors talking like revoijtionaries- “This thing came right out of the blue If IhLs wds 200 years ago. Coon Creek (which lies between City Hail and Ra.<niussen's horned would be full of lea.” Rasmussen grumbled He and his neighbors are not alone. In cities throughout the metropulitan area, shocked residents and develop ers are discovering that the zoning of land may be meaningless if it con flict With the comprehensive plans that nties have adopted in recent years under the Metropolitan I-.and l lanniriK Act Staff Photo by Steve Schluter Ed and Lorralna Raamutaen stood outside thair house at 9065 E. Rive the Resmussens* property for high-density housing, so their home is n The act. Intended to ensure that met ro cities’ development plaas do not conflict with those of their neighbors or the Metropolitan Council, re quired cities to write comprehensive plans and submit them to the Metro politan Council for approval. the Minnesota Supreme Court What officials do agree on is that the land planning act is vague, and that problems created by lnconsi.sitncies between zoning ordinances and com prehensive plans are grow ing But even city officials don't agree which Is the law — zoning ordi nances or comprehensive plans — In specific cases of conflict Minnetonka officials have “pretty much concluded” that zoning takes precedence over comprehensive plans, said City Manager Jim Miller. Bloomington and Coon Rapids offi cials say it's the other way around. *’H’s a nightmarish situation,” suitd Coon Rapids City Manager Bob This lie. “Residents don I Know what the rules are. and I think they have a right to be frustrated.” Bloomington City Attorney Floyd Ol son and other city attorneys admit. howe.tT. that disiigreemenls likely will continue until the issue gels to Car! Ohm. the Metrop(ditan Coun cil's director of comprehensive plan ning. Said the land planning act’s wording IS “convoluted” and open to Inlerrrelation To determine once for ail what that means. Ohrn said, “will lake somebody challeng ing In court, and the court making a statenier.t Though they have n<Jt checked to see that cities retoncile I i is