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"'" '"�" lo;0.3 Q 417425 CITY/ELK RIVER 444 LARKIN HOFFMAN Q004/004 <br /> LARKIN, HOFFMAN, DALY & LINDGREN, LTD. <br /> Robert C. Middaugh <br /> City Administrator <br /> September 23, 1983 <br /> Page Three' <br /> proposed and is implemented for the purpose of protecting the public <br /> health, safety and welfare. <br /> It is clear that the City has the legislative authority to implement <br /> the proposed rezoning, and that the rezoning will be appropriate <br /> and upheld if it is not arbitrary, capricious or unreasonable. The <br /> fact that the property was zoned industrial just five years ago, and that <br /> a Conditional Use Permit permitting the current use was granted at that <br /> time, may give rise to an argument that rezoning the property at this <br /> time is arbitrary, capricious and unreasonable. However, if the <br /> City can demonstrate a change in circumstances since 1978 , and can <br /> show that the proposed rezoning to residential is reasonably related <br /> to the public health, safety and welfare, the rezoning would be upheld <br /> if challenged. We feel that it is significant that this proposed rezoning <br /> arises out of a comprehensive review of nonconforming, inconsistent and <br /> inappropriate uses throughout the City, and that it is proposed in <br /> connection with several other rezonings of a corrective nature. <br /> . Our opinion also assumes that the nonconforming use sections of the <br /> City Zoning Ordinance will apply to the Custom Motors site if it is <br /> rezoned, and that the present use of the site will be permitted to <br /> continue subject to the restrictions set forth in those sections of the <br /> Ordinance . <br /> Please call if you have any questions. <br /> Sinc rely <br /> Pet K. Beck, for <br /> LARKIN, HCFFMAN, DALY & LINDGREN, ' LTD. <br /> ks <br /> • <br /> S 'd ZT :9T b66T 'ZZ 'b@ S9Zi96$-ZT9 N32190NI1 ?)-11:1,1NbNd OH NIJItltl1 6J021d <br />