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Agenda - Planning Commission - 02/03/2011
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Agenda - Planning Commission - 02/03/2011
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Agenda
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Planning Commission
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02/03/2011
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Zoning Bulletin August 25, 2010 I Volume 41 No. 16 <br />large area zoned for agricultural use." The requested use of the 668 <br />acres for the Electric Station would have "differ[ed] significantly <br />from surrounding uses." (2) The 668 acres "comprise[d] a ... small <br />percentage of the land zoned for agriculture in [the county]." Also, <br />the number of landowners affected by the rezone was one — "viewed <br />either as the Urquharts or SME." (3) Given the number of land- <br />owners affected, the zoning constituted "special legislation designed <br />to benefit one person" at the expense of others since "[n]o discern- <br />ible benefit for the rezone would [have] accrue[d] to the neighboring <br />farmers and ranchers." <br />See also: Little v. Board of County Com'rs of Flathead County, 193 <br />Mont. 334, 631 P.2d 1282 (1981). <br />See also: North 93 Neighbors, Inc. v. Board of County Com'rs of Flat- <br />head County, 2006 MT 132, 332 Mont. 327, 137 P.3d 557 (2006). <br />Case Note: The court's decision also addressed allegations that <br />the illegal spot zoning challenge had been rendered moot. The <br />court found it had not. <br />Zoning Enforcement - Equitable Estoppel — <br />City Employee Errs in Telling Building Permit <br />Applicant He Is Using Correct Survey of Lot <br />After construction, city seeks court order to move structure <br />to conform with setback requirements <br />Citation: City of North Oaks v. Sarpal, 2010 WL 2813496 (Minn. <br />Ct. App. 2010) <br />MINNESOTA (07/20/10) —This case addressed the issue of <br />whether a city was prevented by the doctrine of equitable estoppel <br />from enforcing zoning regulations against a homeowner. <br />The Background/Facts: In 2006, Rajbir Sarpal sought to construct <br />a garden/pool shed on property he owned in the city. In furtherance <br />of that plan, Sarpal sought a building permit from . the city. As part <br />of the permit process, Sarpal needed an "as -built survey" of his lot. <br />He asked a city employee for an as -built survey, and the employee <br />handed him a survey and affirmed it was what Sarpal needed. <br />As it turned out, the survey showed proposed structures, which <br />were not built as shown. Sarpal was not aware of this fact. Sarpal <br />© 2010 Thomson Reuters 7 <br />
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