Laserfiche WebLink
The following reasons are not valid bases for findings: Findings <br /> of Fact <br /> A. The proposed use is better than what is there now. <br /> B. The property is vacant now (weed patch, dust blowing, etc.) and this <br /> use will improve it. 110tris <br /> C. You can't keep a landowner from using his/her land. <br /> D. This proposal will bring in more revenue to the city. <br /> E. The owner can't sell or lease it with the present zoning. <br /> F. The owner can get more money for the property if it s rezoned. <br /> G. The neighbors do not like the proposal. <br /> Without adequate findings of fact, the local government can be sued in a <br /> court of law, and their decision will likely be overturned or sent back to <br /> them for reconsideration. The courts will look at the case in the following <br /> light: <br /> 1. Is the law clear in its requirements and expectations? <br /> 2. Does the record show that the findings of fact represent <br /> testimony and information considered by the governing <br /> body? <br /> 3. Is there a reasonable connection between the findings of fact, <br /> the ordinance(s) and the action taken by the governing body? <br /> Minnesota Planning Association <br /> Citizen Planner Handbook Finding of Fact Page 49 <br />