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

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12-05-1998 05:37PM FROM DORN LAW FIRM, LTD 4Z?Sb4J ~.~o 510 N.W.2d 264, R.A. Putnam & Associates, Inc. v. City of Mendota Heights, Dakota County, (Mitre. App. 1994) Page 2 Whether city has pre'pared record of basis for zoning decision in reasonably timely f2shion so as to void presumption that decision was arbitrary must be considered in light of facts surrounding zoning decision, such as complexity of issues involved in reaching that decision. 7. ZONING AND PLANNING ~;:='675 414X Judicial Review or Relief 4 I4X(C) Scope of Review 414X(C)3 Presumptions 414k675 Modificztion or amendment; re. zoning. Minn. App. 1994-. City's adoption of findings which were basis for its derdal of application to rezone property fi'om low- density residential to hi~-demity residential-planned unit development two weeks afler hearing on application was adoption withh a reasomble time so as to avoid presumpticm that dec. kion was arbitrary. 8. ZONING AND PLANNING 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)i In General 414k605 Decisions of boards or officers in general. Minn.ipp. 1994. Zoning decision should not be disturbed if city gives legally sufficient reasons, and reasons are grounded in fact, 9. ZONING AND PLANNING ~=~605 414 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)1 In General 414k605 Decisions of boards or officers in general. Mitre. App. 1994. Court should not interfere with municipal zoni~ decision that has a "rational basis" or is "reasonably debatable. which necessitmed rezoning of property from Iow- density residential m high<lensiry residential-planned unit development was not appropriately sealed in light of surrounding land use and city council's concern about increase in air traffic over property which might affect development were legally sufficient reasons for denial of rezoning request, even though zoning decision may have conflicted with designated use ibr property found in city's comprehensive plan. 1 I.ZONING AND PLANNING ~=:~605 414 --- 414X irudicial Review or Relief 414X(C) Scope of Review 414X(C)I In General 4t4k605 Dec'is/om of boards or officers in general. Minn. App. 1994, A court may not set aside judgment of municipal officials as to a zoning decision merely because court might have reached another decifion if it had been in city council's place. 12.ZONING AND PLANNING 414 41411 Validity of Zoning Regulations 414II(A) Ia General 414k30 Comprehensive plan. Minn. App. 1994. Comprehensive zoning plan's designation of land uses is advisory and does not unalterably bind a city. 13.ZONING AND PLANNING ~::~672 414 -- 414X Judicial Review or P,.elief 414X(C) ' Scope of Review 414X(C)3 Presumptions 414k672 Validity of regulations in general. Milan. App. 1994. Discrepancy between zoning ordinance and comprehensive plan does not affect presumption that municipal zoning decision is valid; rather, refusal to zone in accordance with comprehemive plan is merely evidence that city's action was arbitrary. 10.ZONING AND PLANNING ~=='167.1 414 --- 414111 Modification or Amendment 414rlI(A) In General 414k167 Particular Uses or Restrictions 414k167. I In general. Minn.App. 1994. City council's concern that development project *265 Syllabus by the Court i. A rmmieipality satisfies the requirement that it make a conuxntmraneous record of the baxis for a zoning decision so as to avoid a presumption tha~ the decision was arbitrary when it prepares the record within a reasanable time of reaching the decision, Copyright (c) West Group i998 No cl~im to original U.S. Govt. works I I I I I I I I I I I I I I I