5.1. PCSR 01-09-2007 - Laserfiche WebLink

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. Court Appeals Unsuccessful applicants for re-zonings, variances, conditional use permits and zoning administrator appeals can take their cases to a court. However, courts are very reluctant to second-guess city councils and boards of zoning adjustment and the scope of judicial review of zoning decisions is narrow. Therefore, the property owner who sees the city council or BOARD OF ZONING ADJUSTMENT process as essentially political with the notion of hiring a lawyer and going to court if unsuccessful will be sorely disappointed. Courts review a city council or BOARD OF ZONING ADJUSTMENT decision, without taking new evidence or re-trying the case, and act only in extraordinary situations. Minnesota courts view local re-zoning decisions as "legislative" and will interfere only if a city council has acted unlawfully or arbitrarily. If the result is "fairly debatable," a Sherburne court won't touch it unless there is convincing evidences. The proposed strip mall is too close to a resident at the far southwest corner, Wayne and Ruth Traaseth's home. In fact, the separation now is a wall or a fence. Forget the Elk River Comprehensive plan that dictates ample space between properties or land usage. In the Design Standards A. 3. 9 Provide all season screening between commercial and residential areas per City Guidelines and Master Development Plan NOT being followed. . A.7 SECURITY Intent To lessen the likelihood of crime within and around the development integrate planning principles such as surveillance of common areas proper lighting and access control Guidelines. A. 7.1 Define spaces within the development to create a sense of ownership such that intruders and strangers stand out. A. 7.2 Maximize a spaces visibility through thoughtful design of building orientation window placement entry exit location and landscaping. Will NOT function in a Resident neighbor, The Design Standards have a conflict because this calls for more lighting. Is a box building "grocery store" will not follow the Design Standards: A.3.1 Contiguous property owners shall work together to create a continuous flow from one property to the next avoid any straight line delineation of property lines? Appendix B. Public Input Section 5. If you have a blank check. Pick three things that will make Elk River better in the future. . Improve transportation infrastructure . Improved traffic flow . Transportation options . Commuter rail . Park and recreation development . Developed parks/natural spaces . Increase CI tax base . Attract high level jobs . Art Center . Fitness center (YMCA) . River Walk . Expand town west . Supper club on river . No Section 8 housing .