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Planning Commission Minutes January 23, 1996 Page 9 . Chair Dillon withdrew from discussion on items 5.6. and 5.7. to a conflict of interest. Staff report by Scott Harlicker. The City of Elk River is initiating this rezoning from R4 (Multi-Family Residential) to R2 (Two Family Residential) in order to be consistent with the recent changes in land use designations made by the City Council. The properties under consideration for rezoning area located on the east side of Jackson A venue, approximately 150 feet, from School Street south to 5th Street. Vice-Chair Thompson opened the public hearing. . Robert Bischoff, 602 Jackson Avenue, asked for clarification on uses allowed in the current zoning and proposed zoning designations. He questioned why the change was initiated. Commissioner Minton explained the uses allowed. Commissioner Minton also explained there are three reasons for the zone change; (1) the proposed change is a result of the review and update of the Comprehensive Plan, (2) it reflects the existing uses, and (3) the school district'S concern that any additional apartment buildings in this area will only add to the existing problems they are experiencing with the high density. Mr. Bischoff expressed his opposition to the zone change because he felt it interferes with his right to use his property as he wishes. The Planning Commission discussed with Mr. Bischoff the fact that his property would not accommodate an R4 use due to its small size. Sara Mae Moos, 836 Jackson Avenue, asked for clarification on whether or not she would be able to rebuild her home if it were destroyed. She asked why her neighbor, Dale Elliott, was not notified of the zone change. Steve explained that the County tax records were used to obtain the names and addresses of affected property owners. There being no further comments from the public, Vice-Chair Thompson closed the public hearing. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER TO REZONE THE SUBJECT PROPERTY FROM R4 (MULTI-FAMILY RESIDENTIAL) TO R2 (TWO FAMILY RESIDENTIAL), PUBLIC HEARING CASE NO. ZC 96-1, BASED ON THE FOLLOWING: 1. THE PROPOSED REZONING WILL BE CONSISTENT WITH THE COMPREHENSIVE LAND USE PLAN DESIGNATION OF MR (MEDIUM DENSITY RESIDENTIAL). 2. THE PROPOSED REZONING IS COMPATIBLE WITH THE ADJACENT LAND USES AND ZONING. 3. THE PROPOSED REZONING WILL ALSO SERVE AS A LOGICAL LAND USE TRANSITION BETWEEN THE SINGLE FAMILY RESIDENCES ON IRVING AVENUE AND THE C2 ZONE ON THE WEST SIDE OF JACKSON AVENUE. . 4. THE EXISTING HOMES WOULD NOT BECOME NON-CONFORMING USES IN THE PROPOSED R2 ZONE.