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KUTAK ROCK LLP <br /> Chairman John Doe <br /> June 16, 2014 <br /> Page 2 <br /> Stat. §462.357 Subd. 2. In the presence instance, the city should not consider or undertake a <br /> zoning amendment without first considering and approving the underlying comprehensive plan <br /> amendment. The consistency requirement between the comprehensive plan and zoning <br /> ordinances is to ensure the planned, orderly, and staged development/redevelopment of property. <br /> This zoning amendment is premature and not even properly before the planning commission <br /> without first consideration of a comprehensive plan amendment. <br /> Land Use Considerations <br /> The applicant's request would only further exacerbate unacceptable land use conflicts <br /> and incompatibility with existing infrastructure. County Road 15 serves as a major north/south <br /> collector with high traffic speeds, high traffic volumes, significant truck traffic, and poor <br /> geometrics for safe site lines and visibility. The narrow strips of land abutting County Road 15 <br /> and the lake shore result in over intensity of use in the current condition. Rezoning to allow a <br /> change to commercial designation of the residential lots would only further contribute to the <br /> incompatible intensity of the land use pattern in and around the Subject Property. <br /> With the current residential designation the Subject Property serves as a buffer <br /> between the surrounding commercial uses to the west and south with the residential properties to <br /> the north. The zoning amendment of the Subject Property to commercial would simply allow <br /> further intensification of the buffer and create an additional hard edge between the highway uses <br /> and the residential uses to the north. <br /> Additionally, the rezoning of the Subject Property would allow the relocation of the dock <br /> slips from their existing location on Tananger Lake approximately 200 feet to the north and <br /> closer to the residential uses to the north. The proposed change in zoning would run contrary to <br /> sound planning both as a matter of land use and surface water usage. <br /> The introduction of the boat rental businesses into the existing marina has dramatically <br /> changed the character of the use of the marina. Boat renters utilize water craft in half day <br /> increments in the morning and afternoon. This results in a significant increase in the traffic <br /> generated, parking required, number of users, and employees servicing the turnover of boat <br /> rentals. All of this new activity has contributed to the greater intensification of use in an area <br /> already poorly suited to accommodate the current existing uses. <br /> Finally, the current residential property owners purchased their properties in reliance of <br /> the existing surrounding zoning patterns. There have been no changes to the land use pattern <br /> that would justify a dramatic change in zoning at this time. <br /> Conclusion <br /> Based upon the foregoing, and on behalf of the property owners herein referenced, we <br /> respectfully request the zoning amendment application be denied in its entirety on the basis of <br /> 4834-8370-0763.1 <br />