1996-06-24 80-Acre Rezoning
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WUliam S. RadzwiU
Andrew J. MacArthur
Michael C. Couri
RADZWIIL & COURI
Attorneys oJ Law
705 Central Avenue East
PO Box 369 .
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
June 24, 1996
VIA FACSIMILE AND U.S. MAIL
Mr. Kent Roessler
Kenco Construction, Inc.
13736 N.E. Johnson street
Ham Lake, MN 55304
Re: City of Albertville; April 5, 1996 rezoning request for
that SO-acre parcel of land recently annexed from otsego.
Dear Kent:
I am writing to respond to your June 17th inquiry to the city
council and/or Planning commission regarding the status of your
April 5, 1996 request to have the SO-acre tract of property at
Highway 37 and Kahler Avenue property rezoned to R-1. As you will
recall, the City staff was unable to provide a status update on
this request at the June 17th meetings, as staff did not believe
that such an application was pending. Upon checking the files the
next day, City staff found your application misfiled in the
Parks ide 3rd Addition file.
Under Minn. stat. S 15.99, the City must approve or deny a
rezoning request within 60 days from the date of its submission.
It is my understanding that no decision was made by the City within
the required 60-day period. Given these facts, it would appear
that the SO-acre tract was rezoned R-1 on or about June 5, 1996.
It also appears that this same property was rezoned to R-1A by
the City council as part of its overall rezoning conducted at its
June 17th meeting in conjunction with the adoption of the revised
Albertville comprehensive plan. However, given the confusion that
was present at the June 17th meetings, the City has initiated
consideration of a rezoning of the SO-acre tract from its current
R-1A to R-1 so that you would be given an opportunity to address
your concerns relating to R-1 vs. R-1A zoning directly to the
Planning commission.
This matter has been scheduled for consideration by the
Planning Commission at a public hearing on July 9, 1996, at 7:10
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Mr. Kent Roesf;!ler
June 24, 1996
Page Two
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p.m. or as soon thereafter as possible. However, in light of the
June 19, 1996 order of the Wright County District Court vacating
the December 14, 1995 order of the Municipal Board, the land in
question is no longer within the corporate limits of the City of
Albertville. As a result, Albertville has lost all authority under
which it could control the zoning on this property, and all prior
zoning decisions related to this property have been rendered moot
and of no effect. I expect the Planning Commission to delete this
item from the agenda when it convenes its July 9th meeting.
Should the Municipal Board again decide to annex this property
to the City of Albertville, the property will enter the City with
an A-1 zoning designation as specified by section 3000.4 of the
Albertville Zoning Ordinance. Any future rezoning of this land
must be undertaken in accordance wi th the provisions of the
Albertville Zoning Ordinance.
It is my understanding that the Planning Commission will still
be considering Center Oaks rezoning request for that property
located south of the parkside 3rd Addition land at the July 9th
meeting.
If you have any questions concerning this matter, please feel
free to contact me. Thank you.
;;:o;-~
Michael C. Couri
RADZWlLL & eOURl
cc: ~ Garrison Hale
Ms. Liz Stockman