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Agenda - Planning Commission - 06/02/2011 - Special Jt Mtg w CC
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Agenda - Planning Commission - 06/02/2011 - Special Jt Mtg w CC
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
Document Title
Special Jt Mtg w CC
Document Date
06/02/2011
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Minn. Stat. § <br />462.3585 <br />Dobbins v. City of Los <br />Angeles, 195 U.S. <br />223, 25 S.Ct. 18, 49 <br />L.Ed. 169; Pacific <br />Palisades Assn. v. <br />City of Huntington <br />Beach, 196 Cal. 211, <br />237 P. 538; <br />Charnofree Corp. v. <br />City of Miami Beach <br />(Fla.), 76 So.2d 665; <br />State ex rel. Killeen <br />Realty Co. v. City of <br />East Cleveland, 108 <br />Ohio App. 99, 153 <br />N.E.2d 177; Linden <br />Methodist Episcopal <br />Church v. City of <br />Linden, 113 N.J.L. <br />188, 173 A. 593 <br />2. Joint planning <br />Joint planning may also assist cities in coordinating their land use efforts <br />with neighboring townships. State statute authorizes the creation of a joint <br />planning board, when requested by a resolution of a city, or county or town <br />board. <br />The joint planning board exercises planning and land use control authority in <br />the unincorporated area within two miles of the corporate limits of a city. <br />Members of the board are appointed by each of the participating <br />governmental units to equally represent the governmental units that comprise <br />the board. <br />J. Zoning ordinances that limit <br />competition or protect local business <br />from being displaced by new business <br />A city's zoning authority is based upon its police power to protect the <br />public's health, safety and welfare. Zoning to protect private economic <br />interests is problematic, because it is not generally perceived to be related to <br />the public's health and welfare. In general, the federal courts have ruled that <br />cities should not adopt zoning regulations with the sole intent to protect <br />enterprises from competition in a particular district or to create monopolies <br />or to make certain areas subservient to others. <br />Cities may encounter this issue in the zoning drafting process, when <br />specifying permitted and conditional uses for a district. More commonly, the <br />issue will arise in the context of reviewing a particular zoning application. <br />For example, a city may wish to not grant a CUP for a new bank in the city, <br />because officials perceive that there are too many banks in an area or that the <br />a new bank may put long-established businesses out of business. This type of <br />economic favoritism is not permitted in zoning ordinance drafting or <br />application. <br />ZONING GUIDE FOR CITIES 23 <br />
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