Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Wensmann Realty, Inc. v. City of Eagan, 734 N.W.2d 623 (Minn. 2007). Czech v. City of Blaine, 253 N.W.2d 272 (Minn. 1977). Pearce v. Village of Edina, 118 N.W.2d 659 (Minn. 1962). Sample Permitted and Conditional Uses. See LMC Information Memo, Conditional Use Permits: Frequently Asked Questions. Generally, a zoning scheme will constitute a regulatory taking only if it denies a landowner all economically viable or beneficial use of property or, stated differently, all reasonable use of property. However, not all diminution of property values will be considered a taking. Zoning often has the side effect of increasing the value of some property while decreasing the value of other property. To be ruled a regulatory taking, the regulation must be so severe as to render the property practically useless for the purpose for which it is zoned. For example, a regulation that would prohibit a residence in a strictly residential zone. In these cases, the court will order the city to pay the affected landowner compensation for the land lost to the regulatory taking. D. Obtaining technical assistance in ordinance drafting The Municipal Planning Act grants cities the authority to hire staff, including professional planners and attorneys, to assist in the drafting of a zoning ordinance. Local city officials and staff often have in -depth knowledge regarding the community and its needs, but lack expertise in the many technical and legal aspects of zoning Professional planners and the city attorney can contribute this needed information to the zoning ordinance adoption process and, while not required, are highly recommended. Because zoning is regulated by numerous diverse state and federal laws and court cases, at a minimum, the assistance of the city attorney is necessary to help the city evaluate whether its ordinance complies with all applicable laws. III. Common issues in ordinance drafting Zoning ordinances can accomplish a great deal of good for a community. Drafting a zoning ordinance seemingly opens up many possibilities for dealing with concerns or even outright problems and challenges faced by a particular community. However, cities must be careful not to exceed their authority in drafting a city zoning ordinance. Below are some common concerns raised by cities in relation to an initial drafting of a zoning ordinance. A. Establishing permitted and conditional uses In drafting a zoning ordinance, cities often struggle to decide what their permitted and conditional uses should be for each zoning district. For each district created by the zoning ordinance, the ordinance typically provides a list of the permitted and conditional uses. Appropriate uses will change from district to district. Uses designated as "permitted" will be automatically allowed with no need for further application or review (related to zoning) by the city. Therefore, the list of permitted uses should only contain uses about which the city has no reservations. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 15