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CHARTERED <br /> <br />470 PilLsbury C,e~er <br />200 SouTh Sixth Street <br />Minn,apoli.s MN 55402 <br />(612) 337-5)300 ~lephon¢ <br />(612) 337-3310 fax <br />e-ma~l: atx~k¢ n n edy-gtave,.n.co m <br /> <br /> RoNALD H. BATTY <br /> Alwn~-y at Law <br />Divoc-~ ~ (612) 3~'--g262 <br /> <br />April 4, I997 <br /> <br />Mr. Ryan Schroeder <br />City Administrator <br />City of Ramsey <br />15153 Nowthen Boulevard NW <br />Ramsey 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, 1997 regarding the 1995 Ramsey comprehensive plan <br />amendment. In fight of our opinion that the 1995 amendment is effective, you have asked us to <br />review certain zoning matters related 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 re. zoning is not permitted under Minnesota law. The city must follow statutory <br />procedures when exerckqing its authority to rezone property, and has until December 31. 1998 <br />to do so with regard to property added to the municipal urban services ama in 1995. <br /> <br />Minnesota Statutes, 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 />amendments 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 axea to be rezoned is five acres or less, notice must <br />be mailed to the owners of property located wit/fin 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 ia Ramsey's case. <br /> <br />R~0120400 <br />R~125-50 <br /> <br /> <br />