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<br />.~'6~'e~ ~~;Q~ <br /> <br />-aUl14~O <br /> <br /> <br />, <br /> <br />CITY/ELK RIVER ~~~ LARKIN HOFFMAN <br />') <br /> <br />fiI 00 /e04 <br /> <br />LARKIN, HOFFMA.N, DALY & LINDOREN, LTD, <br /> <br />e <br /> <br />· Robert C. Middaugh <br />City Administrator <br />September 23, 1983 <br />Page Thre'eo 0 . . . . . . 0 <br /> <br />proposed and is implemented tor the purpose of protecting the public <br />health, safety and walfare. <br /> <br />It is clear that the City has the legislative authority to implement <br />the proposed rezoninq, 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 t at <br />a Conditional Use Permit permitting the current use was granted at tha <br />time, may give ri!e to an argument that re~oning the property at this <br />time is arbitrary, capricious and unreasonable. However, it 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 si9nifican~ that this proposed rezon'ng <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 re20nings of a corrective nature. .. <br /> <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 /> <br />Please call if you have any questions. <br /> <br />;~relY. 0 LO' <br />\ h/' <br />pe~~~. Beck, for <br />LA~IN, HOFFMAN, DALY & LINDGREN,oLTD. <br />ks <br /> <br />e <br /> <br />S 'd <br /> <br />(;1: 1 to661 '(;(; 'toe <br /> <br />s <br /> <br />