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CHARTERED <br /> <br />470 Pill~bu ry <br />200 ~ou:h <br />Minn~lk MN 55402 <br />(612) 337-9~00 <br />(612) 337-~310 <br />~malh a~kc~n~y~v~m <br /> <br />EXHIBIT C <br /> <br />RONALD H. BATTY <br /> <br /> Attorr~ at Law <br />Dial (612) 33'7-9262 <br /> <br />April 4, 1997 <br /> <br />Mr. Ryan Schroeder <br />City Administrator <br />City of Ramsey <br />15153 Nowthen Boulevard NW <br />Ramsay MN 55303-6197 <br /> <br />RE: Zoning Matters <br /> <br />Dear Ryan: <br /> <br />This is a follow-up to my letter of April 3, i997 regarding the 1995 Ramsay comprehensive plan <br />amendment. In light of our opinion that the 1995 anqendment is effective, you have asked us to <br />review certain zoning manezs rdate<t to the comprehensive plan. Specifically, you have a.qked <br />whether land within the expanded municipal urban services area is automatically rezoned <br />whenever the municipal urban services area boundary is expanded. The answer to your question <br />is that automatic rezoning is not permitted under Minnesota law. The city must follow statutory <br />procedures when exercising its authority to rezone property, and has until Dec~mber 31. 1998 <br />to do so with regard to property added to the municipal urban sereices ama in 1995. <br /> <br />Minnesota S~ section 462.357 authorizes cities to adopt a zoning ordinance, which <br />generally consists of text as well as a map. Changes to either the text or map constitute <br />amendrrm~ts to the zoning ordinance. The statute requires that zoning amendments be initiated <br />by the planning commission, the city council, or petition of the affected property owner. Any <br />amendment not initiated by the planning commission must be referred to the planning <br />commission for recommendation before action by the city council. No action may be taken until <br />a public hearing on the matter has been held before the planning commission or the city council <br />Notice of the public hearing must be published in the official newspaper at least ten days before <br />the date of the hearing. In addition, if the area to be rezoned is five acres or less, notice must <br />be mailed to the owners of property located within 350 feet of the site of the proposed re. zoning. <br />An amendment to a zoning ordinance requires an affirmative vote by 2/3 of ali members of the <br />city council, i.e., four members in Ramsey's case. <br /> <br />RHBI20400 <br /> <br /> I <br /> <br />I <br />I <br /> <br /> <br />