INFORMATION #1 07-28-2003 - Laserfiche WebLink

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3. The proposed rezoning to R3 is not compatible with the adjacent RiA (Single Family Residential) zoning district. 4. The proposed rezoning to R3 allows for increased higher residential density which would result in higher generation of traffic than the existing zoning. 5. The rezoning will result in adverse impacts on the school district beyond city control. The school district's plan is based on current zoning and the increased density allowed by the proposed rezoning will bring additional students. 6. The proposed rezoning will have an adverse impact on the environment. On August 19, 2002, the city council considered and denied Tollefson's application for a preliminary plat, in part because Tollefson's request for rezoning had been denied by the council. The council also stated that the plat did not comply with the subdivision ordinance in that "it does not make adequate provision for storm drainage," "the type and density of this development is not suitable given the extent of the wetlands, drainage surrounding properties, wooded acreage, and topography," and "the proposed subdivision will cause substantial environmental damage in that the entire site will be clear cut and graded." Tollefson brought this action against the city, seeking a writ of mandamus, damages, and declaratory relief. On cross motions for summary judgment, the district court denied Tollefson's motion and granted summary judgment to the city. In its attached memorandum, the district court noted that Tollefson "conceded at oral argument that if the property were not rezoned as it has requested, the City's denial of the preliminau, plat was proper." The court then rejected Tollefson's claim that its rezoning request was automatically approved because the city failed to act on it within 60 days as