7 PCSR 04-26-1994 - Laserfiche WebLink

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MEMORANDUM • LARKIN,HOFFMAN,DALY&LINDGREN, LTD. Attorneys at Law 1500 Norwest Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Telephone: (612)835-3800 FAX: (612)896-3333 TO: Elk River Planning Commission FROM: Peter Beck, City Attorney DATE: April 22 , 1994 RE: Custom Motors This memorandum is to respond to Steve Ach' s request for an update of my September 23, 1983 , opinion with respect to the proposed rezoning of the Custom Motors site. In preparing this response I have reviewed the September 23, 1983 , letter, as well as the March 22, 1994, staff report on the proposed rezoning of the Custom Motors site. The staff report sets forth three findings for the proposed rezoning of the Custom Motors site: • 1 . Rezoning to R-1B is in compliance with the City' s Comprehensive Land Use Plan. 2 . Increasing development in the western part of the City has created a change in circumstances . 3 . Proposed rezoning will establish continuity and compatibility with development that is occurring around the property. In 1983 I advised the City that it was within the City's legislative authority to rezone the Custom Motors site from Industrial to Residential, assuming that the procedures and findings for such a rezoning set forth in the Zoning Ordinance were followed. It continues to be my opinion that the City is within its authority in rezoning this property to bring it into consistency with the City' s adopted Comprehensive Land Use Plan and the development and use of the surrounding area. At Steve Ach' s request I will attend the Planning Commission meeting on April 26, 1994, and will be happy to answer any questions you may have. Attachment cc: Steve Ach 411 'd 01 :9T b66T 'ZZ 'b0 S9Z£968-Z19 N3'J9ONI1 h1tl0 NbWH30H WO;JJ