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Home My WebLink About6.n. Receive Letter Appealing of Board of Appeals Decision: Richard Cliff's Density Calculation` CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: April 2, 2001 AGENDA ITEM: Receive letter Appealing of Board of Appeals AGENDA SECTION: decision: Richard Cliff's Density Calculation Consent PREPARED BY: Rick Pearson, City Planner AGENDA r ATTACHM Correspondence & Map APPROVED BY: , Location: West side of Akron Avenue between 124' Court West and' /2 mile north of 135 Street West Property Owner(s): Richard Cliff Area in Acres: 79.54 (total); 76.89 plus 2.65 acres Number of parcels: 2 Comp. Guide Plan Desig: Post 2020 Urban Residential Current Zoning: Agriculture SUMMARY The Planning Department has received a letter from Mr. Cliff s attorney appealing the Planning Commission's decision regarding Staff s interpretation of the density standards as they relate to Mr. Cliff s property. A public hearing is required for the appeal. This public hearing could be scheduled for April 17 or May 1, 2001. BACKGROUND Mr. Cliff owns 79.54 acres in the Agriculture District which is in the future Metropolitan Urban Service Area (post 2020). He has a potential buyer for 40 acres, thus in need of subdivision approval. Mr. Vance Grannis, Mr. Cliff's Attorney has requested that the Planning Commission overturn the staff interpretation of the zoning ordinance density standards. The Agriculture district residential density is one unit per forty acres, which staff interprets to be a minimum. Mr. Grannis is requesting that the City "round - upwards" from the 79.54 acres to the full 80. Staff does riot believe that the ordinance allows for such discretion. PLANNING COMMISSION/BOARD OF APPEALS & ADJUSTMENTS ACTION The Planning Commission upheld the Staff interpretation of the density requirements of the zoning ordinance. As a result, Mr. Cliff would not be able to subdivide his property. RECOMMENDED ACTION: Receive letter of Appeal CITY COUNCIL ACTION: f GRANNIS&HAUGEP.A. LEGAL SERVICES TO INDIVIDUALS, BUSINESSES AND CITIES SINCE 1908. March 28, 2001 Mr. Richard Pearson Rosemount City Planner 2875 - 145` Street West Rosemount, MN 55068 -4997 Re: Richard Cliff/Density Calculation Dear Rick: WARD R. ANDERSON MICHAEL J. DWYER' KEVIN W.EIDE VANCE B. GRANN►S, JR.* DAVID G. KELLER MICHAEL J. MAYER BARRY L. WITTENKELLER* VIRGINIA A. DWYER WILLIAM L. BERNARD PAUL H. HAUGE (of Counsel * Also admitted to practice in Wisconsin • ` Also admitted to practice in Illinois Stephen A. Baker' *' Also admitted to practice in Florida Pursuant to our phone conversation of today, on behalf of Richard Cliff we hereby appeal to the City Council, the Board of Appeals and Adjustments/Planning Commission decision upholding the Staff's interpretation on Richard Cliff's density calculation. Enclosed is our check in the amount of $165.00 for the fee for filing the appeal. However, pursuant to the Ordinance, be advised that Mr. Cliff may be requesting refund of all, or part of that fee, in accordance with the terms of the Ordinance. Please notify us of the date of the hearing before the City Council on this appeal. Very truly yours, GRANNIS & GE. P By. G Vance B. Grannis, Jr. (651) 456 -9000 Facsimile: (651) 454 -4232 200 TOWN CENTRE PROFESSIONAL BUILDING - 1260 YANKEE DOODLE RD. • EAGAN, MINNESOTA 55121 -2201 EMAIL: grannishauge @aol.com www.grannishauge.com GRANNIS&HAUGEP.A. LEGAL SERVICES TO INDIVIDUALS, BUSINESSES AND CITIES SINCE 1908. VIA FAX AND MAIL Mr. Richard Pearson Rosemount City Planner 2875 - 145' Street West Rosemount, MN 55068 -4997 Re: Richard Cliff/Density Transfer Dear Rich: WARD R. ANDERSON MICHAEL J. DWYER' KEVIN W. EIDE VANCE B. GRANNIS JR.* DAVID G. KELLER MICHAEL J. MAYER March 22, 2OO 1 BARRY L. WITTENKELIER *' VIRGINIA A. DWYER WILLIAM L. BERNARD PAUL H. HAUGE (of Counsel) ' Also admitted to praca n Wisconsin *' Also admitted to pracce m Illinois Stephen A. Baker *" Also admitted to price h _ Florida Pursuant to our phone conversation of today, on behalf of Richard Cliff I hereby request that you add Mr. Cliff to the Planning Commission Agenda for March 27, 2001, in connection with his request to divide his 79.54 acres into two 39.77 acre tracts. It is our position that 39.77 acres is close enough to 40 acres to meet the intent of the ordinance, and should be allowed. Thank you for your attention to this matter VBGjr /svk c: Richard Cliff C B v zuwu n. vranms, jr. (651) 456 -9000 Facsimile: (651) 454 -4232 200 TOWN CENTRE PROFESSIONAL BUILDING • 1260 YANKEE DOODLE RD. • EAGAN, MINNESOTA 55121 -2201 EMAIL: grannishauge@aol.com www.grannlshauge.com SITE MAP NOTE: Dimensions rounded to nearest toot. Copyright 2001, Dakota County - This t$e wing is neitliar a legalty recorded map nor a survey and is not mended to be used as one This drawing n a camplation of records, information and data located it various city, county, and state offces and other nouns, aReding the area shown, and is to be used for reference purposes onty. Dakota County is not 1lle fux any inaauracies hereit contained. tf discrepar>c:es are found, please Dakcta�y survey and fern kufonnation Department. Map Date: Mann 27,2W1 Parcels Updated: 1/5101 Aerial Photography. 70 rAL u