RES 06-096
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RESOLUTION NO. 06-96
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION DENYING ZONING CHANGE REQUEST ZC 06-04,
AND ESTABLISHING FINDINGS OF FACT THEREFORE
WHEREAS, application was made on April 4th, 2006 by Timothy and Crystal Thomsen for
Zoning Change approval pursuant to Section 30-575 of the Elk River City Code of
Ordinances, to rezone the property (The Property) legally described on Exhibit A
attached hereto from R-3 to R-4 to allow development of apartment buildings; and
WHEREAS, the application for Zoning Change approval (The Application) was referred to the
Planning Commission; and
WHEREAS, the Planning Commission conducted public hearings on the Application, after
proper publication and due notice thereof as required by ordinance and statute, on
July 11,2006 and referred The Application to the City Council; and
WHEREAS, the City Council conducted a public hearing on the Application on July 17,2006;
and
WHEREAS, the City Council, following completion of the public hearing, deliberated the
Application and continued the matter to its regularly scheduled meeting of August
7, 2006; and
WHEREAS, at its regularly scheduled meeting of August 7, 2006 the City Council continued its
discussion of the Application.
Now therefore, the City Council of the City of Elk River makes the following
findings of fact and decision with respect to the Application:
1. That rezoning the Property from R-3 to R-4 would be detrimental to the area
and surrounding properties direcdy and indirecdy affected by the rezoning;
2. That rezoning the Property from R-3 to R-4 would not support the
conservation of property values in the surrounding area;
3. That rezoning the property from R-3 to R-4 would be inconsistent with the
existing use of the Property and surrounding properties in the area;
4. That there has been no change of circumstances that would make a change in
the zoning of the Property appropriate;
5. That the development of the surrounding properties to uses consistent with
the existing R-3 zoning, including the subject Property, is appropriate to the area;
and
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6. That changing the zoning for the Property is not consistent with the City's
adopted Comprehensive Plan.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Elk River, based
on the findings of fact set forth above, hereby denies the Application to rezone the Property from
R-3 to R-4.
Passed and adopted by the City Council of the City of Elk River this 7th day of August, 2006.
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StepH nie A. Klinzin~ Mayor -- .
ATTEST:
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Joan~dt, City Clerk
06- 96
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