Agenda - Council - 02/09/1999 - Laserfiche WebLink

Home

I I I EXHIBIT A Doa Law Finn, LTD. Wilbur F. Dom, Jr., Attorney at Law 12301 Central Avenue Northeast Blaine, Minnesota 55434 Jody L. Erickson, Certified Paralegal Telephone: (612) 754-1500 Fax: (612) 754-1044 I I i I I December 1, 1998 The Honorable Mayor and City Council Members of the Planning Commission City of Ramsey City Hall Ramsey, Minnesota 55303 RE: Rezoning Request of Arcon Development, Inc., and Reilley Estates Partnership Dear Mayor, Council and Planning Commision Members: I represent a group of property owners who live in the vicinity of the land which is the subject matter of the current rezoning request. I have reviewed the report prepared by City staff, and have also reviewed the staff recommendations and proposed Resolution adopting findings of fact relative to the request. Finally, I have reviewed the planning history of this tract of land as reflected in the City's planning file for the previous subdivisions of Reilley's Estates 1, 2 and 3. It is my opinion that the project history, as reflected in the City's records, may give rise to an enforceable claim by existing property owners that the City is in fact legally prohibited from allowing development at a density of greater than one acre per lot in this area. While the City staff report acknowledges that the approval of a zoning change does not constitute approval of the specific aspects of the ultimate plat, the fact remains that by making the zoning change at this time, certain legal fights may in fact be claimed by the developer, including the fight to density which does not presently exist. Until the claims of the property owners, as outlined below, have been evaluated by the City, it is premature to act upon this rezoning request, and we would ask that the matter be tabled pending further study. It is quite possible that it may be necessay to create a new and unique zoning classification for this parcel, both to satisfy what staff perceives to be a legal problem in implementing the comprehensive plan, and to satisfy what we perceive to be a legal problem in departing from a plan previously approved and relied upon by scores of lot purchasers. It is possible that some sort of compromise may be worked out, but in any case, it is apparent that acting to rezone the property at this time may force the unneccesary expenditure of time and resources both by the City, the developer and my clients.