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Agenda - Council - 04/08/1997
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Agenda - Council - 04/08/1997
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Meetings
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Agenda
Meeting Type
Council
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04/08/1997
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DORSEY & WHITNEY LLP <br /> <br />The Honorable Mayor and City Council <br />City of Ramsey <br />April 8, 1997 <br />Page 2 <br /> <br /> The Legislature adopted Minn. Stat. § 473.865 in 1976. Subdivision 3 provides <br />that any zoning ordinance in conflict with a city's comprehensive plan must be <br />brought into compliance with the plan within nine months after adoption of an <br />amendment to the comprehensive plan. As noted by Mr. Barry in his April 3 letter, <br />the amendments to Ramsey's comprehensive plan went into effect on January 10, <br />1995. Thus, Ramsey was required to rezone non-complying property by October 10, <br />1995, the date the Barthold property was automatically rezoned to R-1U (Urban). <br /> <br /> Mr. Barry contends that the law setting deadlines for rezoning property to <br />comply with comprehensive plans was amended in 1995 to effectively change <br />Ramsey's deadline for rezoning the Barthold property to December 31, 1998. This is <br />not the case. The 1995 amendment he cites, Minn. Stat. § 473.864, Subd. 2, does not <br />expressly nor implicitly change the nine-month deadline imposed under Minn. <br />Stat. § 473.865, Subd. 3. Rather, the 1995 amendment merely provides an orderly <br />procedure for cities to review the consistency of their comprehensive plans and <br />official controls once every ten years. In fact, the 1995 amendment specifically refers <br />to the provisions of Minn. Stat. § 473.865, indicating that section is still operative <br />and the nine-month deadline still applies. <br /> <br /> The Barthold property has been correctly zoned R-IU (Urban) since October <br />1995. Good Value asks that you circulate this letter to members of the city council so <br />that they are apprised of Good Value's position. <br /> <br />Very truly yours, <br />Loren R. Knott <br /> <br />LRK/ml <br />cc: John Peterson/Good Value Homes <br /> Ryan Schroeder, City Administrator <br /> <br /> <br />
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