Agenda - Council - 04/08/1997 - Laserfiche WebLink

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DORSEY & WHITNEY LLP MINNEAPOLIS W^SHINGTON~ D.C, LONDON B[IUSSELS HONG KONG DES MOINES I~OCHESTEFk COSTA MESA PILLSBURY CENTER SOUTH 220 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-1498 TELEPHONE: (612) 340-2600 Fax: (612) 340-2568 (6 L?.} 34o-2657 April 8, 1997 The Honorable Mayor and City Council City of Ramsey 15153 Nowthen Boulevard NW Ramsey, MN 55303-6197 Ladies and Gentlemen: On behalf of our client, Good Value Homes, Inc., we wish to respectfully disagree with the conclusion reached by the city's outside counsel, Kennedy & Graven, regarding the date by which the city of Ramsey was required to amend its zoning ordinances to conform with its comprehensive plan. As you know, Good Value has an agreement with Mr. Jake Barthold to purchase 60 acres of his hog farm for use as a single-family residential development. The Barthold property is within the Metropolitan Urban Service Area "MUSA" line maintained by the Metropolitan Council and adopted in the city's comprehensive plan to ensure orderly urban development of the Twin Cities suburbs. Accordingly, the proper zoning designation of the Barthold property is R-1U (Urban). In general, Good Value concurs with the conclusion reached by Ronald II. Barry, Esq., in a letter dated April 3, 1997 that the city's comprehensive plan went into effect in January 1995. However, in a letter dated April 4, 1997, Mr. Barry wrongly concludes that 1995 amendments to the Metropolitan Land Use Planning Act, Minn. Stat. § 473.864 Subd. 2, delayed until December 31, 1998 the deadline for the city to amend its zoning ordinances to comply with its comprehensive plan. To the contrary, the city's zoning ordinances were "automatically" amended to conform with the comprehensive plan in October 1995 under the provisions of Minn. Stat. § 473.865 Subd. 3. For a full analysis of this conclusion, see our prior Memorandum dated March 25, 1997.