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05-13-2003
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Item 1
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Land Use and Zoning-Legal Review <br /> Planning Commission Meeting <br /> May 13,2003 <br /> Page 3 <br /> • g) Plan Updates. County plans outside the metropolitan area are <br /> required to be updated at least every 10 years. Minn. Stat. <br /> §394.232, subd. 6. The comprehensive plans of all <br /> jurisdictions within the metropolitan area are also required to <br /> be reviewed and updated every 10 years. Minn. Stat. <br /> §473.864, subd 2. <br /> 4. Legal Impacts from the Adoption of a Comprehensive Plan. <br /> a) Consistency of Zoning Ordinance and Other Official <br /> Controls. Pursuant to Minn. Stat. §473.858, subd. 1,within <br /> the Twin Cities metropolitan area,if an adopted <br /> comprehensive plan is in conflict with an existing zoning <br /> ordinance,the zoning ordinance must be brought into <br /> conformance with the comprehensive plan. This section also <br /> prohibits local government from adopting any fiscal device or <br /> other official control which is in conflict with its <br /> comprehensive plan. <br /> Minnesota Statutes do not specifically mandate <br /> comprehensive plan and zoning ordinance consistency <br /> outside of the metropolitan area, and there are no cases <br /> holding that a zoning ordinance in a city outside the <br /> metropolitan area must be in conformance with an adopted <br /> comprehensive plan. However, comprehensive plan <br /> • consistency,or the lack thereof,is a legitimate issue with <br /> respect to any land use approval. A community which has <br /> brought its zoning ordinance and other official controls into <br /> conformance with its comprehensive plan will have the <br /> strongest case for supporting its land use decisions in the <br /> courts. <br /> b) In addition, once a comprehensive plan has been adopted, all <br /> acquisitions and disposition of real estate and any capital <br /> improvements proposed within a city must be reviewed by <br /> the planning commission to consider the consistency of the <br /> proposed action with the comprehensive plan. The planning <br /> commission has 45 days in which to make such determination <br /> or the proposed acquisition, disposition or capital expense <br /> will be deemed approved. Minn. Stat. §462.356. <br /> c) Standard for Judicial Review. Municipalities and counties act <br /> in their legislative capacity when adopting and amending <br /> comprehensive plans, and have the broadest discretion in <br /> doing so. Provided that the procedural requirements of the <br /> relevant statutes are met,courts will not interfere in decisions <br /> related to comprehensive plans unless they are shown to be <br /> arbitrary,confiscatory or discriminatory. Amcon Corp.v. <br /> City of Eagan, 348 N.W.2d 66 (Minn., 1984). Olsen v.City <br /> • of Hopkins, 276 Minn. 163, 149 N.W.2d 394 (1967). <br />
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