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I <br />I <br />I <br />r <br />[ <br />r <br />r <br />i: <br />r. <br />i: <br />r <br />i; <br />i: <br />i; <br />i: <br />L <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 believes <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 appropriate conditions. Indeed, if <br />the Club lost all access to County Road 15 at some 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 required. However, 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 />The approval of any application for a conditional use permit or amendment thereto must <br />meet the standards of the (^ity Code. <br />The Club has not and can not show that it meets the applicable tests. <br />Test! <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-IB. The objectives of the RR-IB zone are as follows: <br />“Subd, 1. Purpose. The “RR-IB” One Family Rural Residential District is intended to <br />provide a district which will allow a combination of low 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 permits by the Club for permits to use this newly <br />26025