Minutes - Planning Commission - 12/03/1998 - Public Hearing @ 7:40

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510 N.W.2d 264, R.A. Plltnam & Associates, Inc. v. City of Mendota Heights, Dakota County, (Minn. App. 1994) Page 2 Whether city has prepared record of basis for zoning decision in reasonably timely fashion so as ~o void presumption that decision was arbitrary must be considered in light of facts surrounding zoning decision, such as complexity of issues involved in reaching that decision. 7. ZONING AND PLANNING {g=~675 414 --- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k675 Modification or amendment; re. zoning. Mitre. App. 1994. City's adoption of findings which were basis for its denial of application to rezone property from low- density residential to hi~-demity residential-planned unit development two weeks after hearing on application was adoption within a reasonable time so as to avoid presumption that decision was arbitrary. 8. ZONING AND PLANNING ~g:~605 414 --- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C) 1 In General 414k605 Decisions of boards or officers in general. Minn. App. 1994. Zoning decision should not be disturbed ff city gives legally sufficient reasons, and reasons are grounded in fact. 9. ZONING AND PLANNING ~=='605 414 --- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)1 In General 414k605 Decisions of boards or office~s in general. Mina. App. 1994. Court should not interfere with municipal zoning decision that has a "rational basis" or is "reasonably debatable." which necesa~ rezoning of property from low- density residential to high-density residential-planned unit development was not appropriately scaled in light of surrounding land use and city council's concern about increase in air traffic over property which mi~at affect development were legally suffieiemt reasons for denial of rezoning request, evem though zoning decision may have conflicted with designated use for property found in city's comprehensive plan. 11 .ZONING AND PLANNING ~::~605 414 --- 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)I In General 414k605 Decisions of boards or officers in general. Minn,App. 1994. A court may not set aside judgment of municipal officials as to a zoning decision merely because court might have reached another decision if it had been in city council's place. 12.ZONING AND PLANNING 414 414II Validity of Zoning Regulations 414II(A) In General 414k30 Comprehensive plan. Mm. App. 1994. Comprehensive zoning plan's designation of land uses is advisory and does not unalterably bind a city. 13.ZONING AND PLANNING 414 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)3 Presumptions 414k672 Validity of regulations in general. Minn.App. 1994. Discrepancy between zoning ordinance and comprehensive plan does not affect presumption that municipal zoning decision is valid; rather, refusal to zone in accordant, with comprehemive plan is merely evidence that city's action was arbitrary. 10.ZONING AND PLANNING ~ 167.1 414 --- 414III Modification or Amendment 414III(A) In General 414k167 Particular Uses or Restrictions 414k167.1 In general. Minn. App. 1994. City council's concern that development project *265 Syllabus by the Court 1. A municipality satisfies the requirement that it make a contemporaneous record of the basis for a zoning decision so as to avoid a presumption that the deci-qion was arbitrary when it prepares the record within a reasonable time of reaching the decision. Copyright (e) West Group 1998 No claim to original U.S. Govt. works