Laserfiche WebLink
Doan L ,w Finn, LTD. <br />Wilbur E Dora, Jr.. Attorney at Law 12301 Central Avenue Northeast Blaine, Minnesota 55434 <br />Jody L. Erickson, Certified Paralegal Telephon~: (612) 754-1500 Fax: (612) 754-1044 <br /> <br />December 3, 1998 <br /> <br />The Honorable Mayor and City Council <br />Members o f thc Planning Commission <br />City of Ramsey <br />Kamsey, Minnesota <br /> <br />RE: Rezoning Request of Arcon Devlopment, Inc./Reilley's Estates Partnership <br /> <br />Dear Mayor, Council and Planning Commission Members: <br /> <br />This correspondence is a supplement to my previous letter on the above subject dated <br />December I, 1998. While attending the Public Hearing on the currently proposed revised <br />Comprehensive Plan on the evening of December 1, 1998, I learned additional <br />information which is confirmed by the proposed Findings of Fact prepared by City Staff <br />in connection with the above re-zoning request. <br /> <br />Apparently, City Staff is under the impression that the law requires a municipality to re- <br />zone property which carries zoning not in compliance with the current comprehensive <br />plan. This is based on an opinion (the "Legal Opinion") rendered by the law firm of <br />Kennedy and Graven, dated April 4, 1997. I have reviewed this opinion letter, and while I <br />agree with nearly all of the conclusions therein, there is one major point upon which I do <br />not agree, and that point is of critical importance to the rationale behind the current <br />rezoning request. <br /> <br />The Legal Opinion, alter examining certain issues pertaining to "automatic zoning", <br />concluded by pointing out that Minnesota Statutes Chapter 473.865, which was in effect <br />at the time of the last Ramsey comprehensive plan amendment, required cities to make <br />their zoning ordinances conform to the comprehensive plan, within nine months after <br />adoption of the plan. Thc Legal Opinion then goes on, correctly, to point out that before <br />the nine-month period had elapsed in the Ramsey situtation, the legislature rewrote <br />Minnesota Statutes Chapter 473.858, and the effect of the new legislation was to extend <br />until December 31, 1998, the time in which zoning ordinances must be brought into <br />compliance with the comprehensive plan. <br /> <br />However, my point of disagreement with the Legal Opinion has to do with which <br />"comprehensive plan" the 1995 legistation referenced. In the Legal Opinion, the author <br />indicates, that the existing comprehensive plan is the plan to which the legislation <br />refexrod. A careful reading of the statutes, however, reveals that the legislature was not <br /> <br /> <br />