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3.0. PCSR 03-08-2005
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3.0. PCSR 03-08-2005
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8/15/2013 10:54:39 AM
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<br />. <br /> <br />N.W.2d 55 (Minn., 1991). The usual presumption ofthe validity <br /> <br /> <br />attached to zoning amendments as legislative acts applies. State. <br /> <br /> <br />by Rochester Ass'n. of Neighborhoods v. City of Rochester, 268 <br /> <br />N.W.2d 885 (Minn., 1978). <br /> <br /> <br />3. Spot Zoning. The term "Spot Zoning" is applied to rezonings, <br /> <br />typically of small parcels of land, which establish a use <br /> <br />classification inconsistent with surrounding uses, which create an <br /> <br />island of non-conforming use within a larger zoned district, and <br /> <br />which dramatically reduce the value of either the rezoned lot or the <br /> <br />abutting property. State. by Rochester Ass'n. of Neighborhoods v. <br /> <br />City of Rochester, 268 N.W.2d 885 (Minn., 1978). Although the <br /> <br /> <br />Minnesota Courts have found that spot zoning is preferential <br /> <br /> <br />treatment, piecemeal zoning, and the antithesis of planned zoning <br /> <br />(Amcon Corp. v. City of Eagan, 348 N.W.2d 66 (Minn., 1984)); <br /> <br /> <br />they have been very slow to invalidate a rezoning as a spot zoning, <br /> <br /> <br />unless there is a total destruction or substantial diminution of the <br /> <br /> <br />value of the property. Alexander v. City of Minneapolis, 267 <br /> <br />Minn. 155, 125 N.W.2d 583. (1963). <br /> <br /> <br />D. Public Hearing Procedure. The following suggestions for the conduct of <br /> <br /> <br />public hearings in rezoning and other land use approvals are directed at <br /> <br /> <br />those in the audience who are responsible for conducting public hearings <br /> <br />on zoning issues. Although recommended for hearings on all types of <br /> <br />. <br /> <br />. <br />
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