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•, rre o, 14.04 /4117420 CITY/ELK RIVER 444 LARKIN HOFFMAN rit04/004 <br /> LARHIN, HOFFMAN, DALY & LiNE UEN, Imo. <br /> Mr. Robert C. Middaugh <br /> City Administrator <br /> September 23, 1983 <br /> Page Two <br /> Custom Motors site is inconsistent with the City' s land use map and <br /> is an inappropriate use in this residential area of the City. The <br /> Planning Commission has therefore recommended that the site be rezoned <br /> from industrial to residential. Your question is whether there would <br /> be any legal restrictions on such a rezoning. <br /> ISSUE <br /> May the City rezone from industrial to residential uses a parcel of <br /> land located in an area of the City designated for residential use <br /> by the City' s land use map, and actually used primarily for <br /> residential purposes, where the City only five years previously rezoned <br /> the property to Industrial and issued a Conditional Use Permit <br /> permitting specific industrial uses on the property? <br /> DISCUSSION <br /> 411 <br /> The City clearly has a right to carry on comprehensive municipal <br /> activities (such as the preparation of a land use map) , adplanning <br /> zoning regulations, pursuant to Minnesota Statutes §§ 465 .353o <br /> lement <br /> The Minnesota Courts have consistently held that zoning activities are <br /> legislative matters and that rezonings are legislative acts which will <br /> be sustained unless arbitrary, capricious or unreasonable. See: Kiaes <br /> v. City of St. Paul, 62 N.W.2d 363 (1953) ; and Barton Construction Co. / <br /> Inc. v. City of Afton, 268 N.W. 2d 712 (1978) . This is true even though <br /> zoning activities may place substantial restrictions on the use of <br /> property (see: McShane v. City of Faribault, 292 N.W. 2d 253 (1980) ) or <br /> have an adverse effect on property values . (SeA : County of Rar►tsev v. <br /> Stevens, 283 N.W.2d 918 (1979) ) . <br /> The law in this state is that no property owner has a vested right in <br /> the current zoning of his property. (See: Property Research and Develo?ment <br /> Co. v. City of Eagan, 289 N.W.2d 157 ( $"0} ) . <br /> ordinance bears a reasonable relationshipto helAl long It a safety <br /> or welfare , the courts will not interferpublic <br /> withthelegislativefdetermination <br /> of a municipaly in zoning matters. (See: Perron v. Village of New <br /> Bri_____ght il, 145 N.W.2d 425 (1966) ) . <br /> Apply these principals to the issue presented by <br /> the ro <br /> of the Custom Motors site, it is our conclusion that pheresed is noZoninlegal <br /> prohibition against the proposed rezoning, assuming that it is being <br /> • <br /> 'd <br /> TI :9T b66i 'ZZ'b0 S9Z£96E-Z19 H dE HI1 l �da H HdOH NI)1. b1 W021d <br />