Agenda - Council - 06/23/1981 - Laserfiche WebLink

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ZONING--SP[CIAL USE Denial ora special use permit is ar- bitrary when based on reasons legally sufficient but lacking adequate factual basis. Reasons not related to public health, safety, and welfare are not legally sufficient. A developer brought action in district court for a writ of mandamus to require the city to issue a special use permit to the developer. The district court concluded that the city had properly denied the developer's application. The Minnesota Supreme Court reversed, holding that the refusal to issue the permit was ar- bitrary and unreasonable; ' TEe dispute centered, around the proposed construction of 19 "quad homes." The city council denied the permit on the grounds that the site plan indicated an insufficient buffer from existing single-family homes, a potential traffic hazard, inadequate parking facilities, and a proposed use not in harmony with the general pur- pose and intent of the comprehen- sive plan. The city also cited the fact that the proposed site plan did not in- dicate bedroom capacity, thus mak- ing it impossible to determine ade- quacy of lot sizes. The Supreme C~urt ruied that for the denial were legally sufficient, they did not have a sufficient factual basis, and that the other reasons given were not legally sufficient because they had no substantial rela- tion to public health, safety, and welfare. The Court c6ncluded that the refusal to issue the permit was ar- bitrary and unreasonable, arid directed that the permit be issued. C. R. Investments, Inc. v. Village of Shoreview (Minn. Sup. Ct., March 13, 1981). ELECTIONS--RI:APPORTIONMENT A'federal district court, in adopting a voter reapportionment plan design- ed to remedy purposeful discrimina- tion against black voters, is not con- stitutionally required to ensure pro- portionate election of black representatives to local governing bodies. Wyche v. Madison Parish Police Jury (49 L.W. 2514, 5th Cir., 1981). £NvlRONMENTAL. LAw The provision in the Clean water Act that makes the state liable for ex- penses incurred by a municipality in complying with an enforcement decree under the Act if state law prevents the municipality from rais- ing revenues needed to comply with such judgments does not violate the Amendment Due Process Clause. U.S.v. Duracell International, Inc. (49 L.W. 2629, USDC-M.Tenn., 1981). ZONING--MOBILE HOMES In a 4-3 decision, the Michigan Supreme Court has held that a municipality's per se exclusion of mobile homes from all areas not deslgnated as mobile home parks had no reasonable basis under the police power and was therefore un- constitutional. The municipality did not, however, have to permit all mobile homes tb be placed in all residential neighborhoods. Rather, a mobile home could be excluded if it failed to satisfy reasonable standards designed to assure favorable com- parisons with site-built housing which would be permitted. Robinson Twp. v. Knoll (49 LW. 2600, Mich. Sup. Ct., 1981). ZONING--RESIDENTIAL In a city's action for injunctive relief against certain religious family groups riving in single-family dwell- ings in violation of a zoning or- dinance, the California Court of Ap- peals has held that the ordinance, which contained a restrictive 'rule of three" requiring all occupants of a house in an R-1 zone to be members of an "family" (defined either as blood relatives or as no more than three unrelated persons) was con- stitutionally invalid. City of Chula V/sta v. Pagard (1.59 Cal. Reporter 29, although some of the reasons given Tenth Amendment or the Fifth 97 Cal. Ap. 3d 627, 1981). -ELEVATED TANK SERVICE' INC. , WELD'NG . NEW ROOFS ' TWENTY FOUR YEARS EXPERIENCE NEW RISERS SANDBLASTING ~ ~ *- * · PA N, NG . BONDED AND' ' APPROVED INTERIOR COATINGS Insulated Frost ,Jackets of __, ~ _ . ........ Double Metal Construction WATER TOWER MAINTENANCE TWENTY-FOUR HOUR Rolland Olson BUS: (605) 332~i36 'M~n~FM~Y R~RVlCE P.O. BOX 104 ' ' RES: {605) 334-2232 E ................ S~OUX FALLS, S. D. 57101 June 1981 .