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06-08-2004 Council Work Session
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06-08-2004 Council Work Session
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VI <br />Mayor and City Council <br />May 4.1999 <br />Page 5 <br />vehicular access to Woodhill Avenue for its members and guests. First, the Club belie\ es <br />Woodhill Avenue would be more convenient for some of its members and guests. The <br />members and guests may be able to save a minute or two during rush hour traffic times on <br />County Road 15. However, convenience is not a test under the City's ordinances. <br />Secondly, the Club by engaging in this access fight in Court has painted itself, it thinks, <br />into a comer. If at some point the Club loses the access onto County Road 15. on a <br />temporary or permanent basis, the Club wants to make sure that the Club’s actions now <br />will not limit the possibility of the City ’s approving full vehicular access onto Woodhill <br />Avenue in the future. The Club’s fears are unfounded since the City always retains the <br />right to grant permission to access a public road under appiopriate conditions. Indeed, if <br />the Club lost all access to County Road 15 at seme time in the future (which is highly <br />unlikely), the City would want to provide a new replacement access to the Club Such a <br />new replacement access may be legally retjuired. Howc\ er, that is not the issue before <br />the City presently. To provide comfort to the Club, the City Council need only reserve <br />the right to revisit the access to Woodhill Avenue in the future if conditions warrant it. <br />D- The Standards for issuing a Conditional Use Permit. <br />1'hc approval of any application for a conditionai use permit or amendment thereto must <br />meet the standards of the City Code. <br />The Club has not and can not show that it meets the applicable tests <br />TesLL <br />"That the proposed location of the conditional use is in accord with the objectives in the <br />Zoning Chapter and the purpose of the district in which the site is located and <br />Comprehensive Municipal Plan ” Section 10.09. Subd. 6. A. I <br />The Club and the area adjacent to Woodhill Avenue which will be impacted are zoned <br />RR-1U. The objectives of the RR-1B /one are as follows: <br />"Subd. I. Purpose. I he "RR-1B” One Family Rural Residential District is intended to <br />piovidc a district which will allow a combination oflow density residential development <br />and limited agricultural activity.” <br />Although golf courses are a conditional use permit in this district, the use of a residential <br />road such as Woodhill Avenue for commercial purposes as proposed by the Club obviously does <br />not fit with low density residential uses or agricultural use. <br />Any application for any after the fact pcnniis by the Club for permits to use this newly <br />26025 <br />Ml
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