HomeMy WebLinkAbout5.b. Sachter Appeal j P.O. BOX 510
�`� � 2875-145TH ST. W.
osernoun� ROSEMOUNT MINNESOTA 55068
612-423-4411
TO: Mayor, City Council, City Administrator
FROM: Dean Johnson, Director of Community Development
DATE: February 16, 1990
RE: Sackter Appeal ���� � � �
Attached is another letter from Sanford Sackter, requesting
Council consideration for an appeal of the Planning Commission' s
denial of the Rose Cliff Landscape Nursery proposal. The
Planning Commission action on October 24, 1989 was unanimous.
While the Commission' s findings are not well documented, the
deeision was based on thei= interpretation that the ordinance did
not clearly permit the full uses proposed. The Commission
further recommended that the Zoning Ordinance be amended to
provide better definition of uses permitted with nurseries,
greenhouses anc� agricultural stands.
Mr. Sackter requested information regarding an appeal process to
the City Council. Staff aeknowledged that the Planning
Commission decisions on site plans were final and no appeal
procedure existed, except in the local courts. The Planning
Commission and City Council acknowledged that an appeal process
to the Council should be established for future situations.
The City Council did amend the Zoning Ordinance on December 5,
1989. An appeal process was established and new definitions,
clarifying retail sales, were approved for nurseries, greenhouses
and agricultural stands. At the December 19 Regular Meeting, Mr.
Sackter requested an appeal be considered. The City Council
denied the request, on the basis that there was no appeal process
in place when the application was acted upon.
In review of the latest request by Mr. Sackter, we find no
conditions have changed. In consultations with the City
Attorney, staff suggests there are only two options available:
(1 ) Consider an appeal under the "old" ordinance;
(2) Consider an appeal under the "new" ordinance,
Staff agrees that previous Council action to deny an appeal under
the old ordinance was appropriate. There ciearly was no appeal
procedure. To consider an appeal under the old ordinance would
obviously be subject to legal challenge. To consider an appeal
under the new ordinance, the applicant would have to resubmit an
application under the new ordinance.
In summary, staff recommends that the City Council deny the
request by Sanford Sackter for an appeal of the October 24, 1989
Planning Commission action on the Rose Cliff Landscape Nursery,
on the basis that the City Council has no legal authority to
Rose Cliff Landscape Nursery
P.O. Box 1
Rosemount, MN 55068
3 Jan 90
RECEIVED
Citp of Rosemount .��N 1 Q i���
2875 145th St. West
Rosemount, MN sso6s CLERK'S OFFICE
ATTN: City Administrator CltY OF ROSEMOUNT
City Attorney
Citv Council �
Gentlemen:
We are writing this letter in response to the r�cent denial by
the Rosemount City Council of Rose Cliff Landscape Nursery's request
for an appeal regarding the Planninq Commission's denial of approval
for a site plan.
We respectfully request that you reconsider your decision not to
entertain an appeal . Raymond L. Sackter and Sanford J. Sackter, as
developers of Rose Cliff Landscape Nursery, made every effort to
investiqate whether or not a landscape nursery was permitted use
in the Agricultural District of Rosemount. This was a bona fide
business endeavor to develop a tract of real estate within the
quidelines set forth by the Citp o# Rosemount and should be regarded
as such. Every effort was made to find out if this business would
fit in with the intent and purpose of the Zoning Ordinance. Once we
found that there were no roadblocks as far as the City of Rosemount
was concerned, we went ahead with the project; only to end up where we
are at present. We were quite surprised with the Planninq Commission's
denial , given all the previous acceptance that this project was
qenerating.
We feel the Planning Commission of Rosemount made an arbitrarp
decision when it attempted to interpret the intent of the definition
of terms landscape nursery and cortunnercial greenhouse. Further, the
Planninq Commission made no attempt to clarify or define these terms
in accordance with government institutions, other municipaiities or
professional horticvttural organizations when it elected to deny
approval of site plan for Rose Cliff Landscape Nursery. Definitions