Agenda - Planning Commission - 04/20/2015 - Joint with EPB

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RELEVANT LINKS: U. S. Const. Amend. V. Minn. Const. art. I § 13. Pennsylvania Coal Co. v. Mahon, 260 U.S. 393, 43 S. Ct. 158 U.S. 1922. See House Research Memo, Eminent Domain: Regulatory Takings. 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). In the courts view two very similar entities (public and private schools) were being treated differently under the law. This difference was not reasonably related to protecting the health, safety and welfare of the public. As a result, the distinction was ruled to be arbitrary. b. A zoning designation may not be so restrictive as to deny all reasonable use of the land Both the U.S. Constitution and the Minnesota Constitution forbid taking private property for public use without just compensation. Zoning regulations may be considered "takings" if a regulation goes too far. This is generally termed a "regulatory taking." 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. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 14