Agenda - Planning Commission - 10/07/1997

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Page 6 - September 10,1997 Z.B. The town appealed. DECISION: Reversed and returned to the trial court. The court should not have dismissed the town's condemnation action. The Trails Act didn't limit the town's eminent domain powers. As a home rule municipality, the town had the authority to exercise eminent domain powers. Contrary to Norton's argument, the Trai~~ Act didn't limit those rights - it merely clarified that the Trails Act itself didn't grant municipalities any eminent domain authority. The Trails Act had no effect on the town's right to seek condemnation if it had the authority to do so independent of the Trails Act. see also: Thornton v. FarmersRese11Joir&/rrigation Co., 575P.2d382 (1978). see also: Fishel v. Denver, 108 P.2d 236 (1940). Zoning Change - Landowner wants to rebuild airstrip in residential district Lindteigen v. City of Bismarck, 565 N. W2d 47 (North Dakota) 1997 Lindteigen owned property just south of the city limits of Bismarck, N.D. Many years ago there was a grass airstrip on the property. The airstrip was abandoned by the prior owners before 1986 when the land was rezoned from agricultural to residential. Lindteigen bought the land in 1992 without checking the zoning. Although it was zoned residential, the land was being farmed as a nonconforming use. It was bordered on several sides by residential developments. Lindteigen wanted to build a private airport on the property, with a surrounding residential development. Homeowners in the development would have access to the airstrip and hanger space for private airplanes. He proposed using the concrete base of an unused feed bunker as the landing strip. The concrete strip was in a different location than the original grass landing strip. Lindteigen sought to' rezone the property to allow him to build a residential subdivision and private airstrip. The city planning commission denied his request. Lindteigen then applied for subdivision approval without the airstrip, which was approved. No zoning change was needed without the airstrip. More than a year later, Lindteigen sought to rezone a portion of his property to agricultural and applied for a special use permit for a private airport there. Area residents opposed the plan at a planning commission hearing. They feared the additional noise and threats to public safety caused by placing an airport in the middle of a substantial residential development. The city's zoning ordinance authorized a special use permit for an airport only if the "benefits of and need for the airport [were] greater than any depreciating effects and damages to neighboring property." The planning commission denied Lindteigen's application. He appealed to the city commission, which also denied his application. The city commission considered evidence about the potential for excessive noise and danger to the public safety and concluded the adverse effects to neigh- boring properties would "far exceed the private benefit to Mr. Lindteigen." The commission stressed the area was developing as rural residential, and ~ I