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<br />. <br /> <br />. <br /> <br />. <br /> <br />;: . d <br /> <br />) <br /> <br />\) <br /> <br />MF:MORA/'.;'DUM <br /> <br />TO: <br />FROM: <br />DATE: <br /> <br />LARKIN, HOFFMAN, DALY & LINDGREN, LTD. <br />Attorney. at Law <br />1500 NO!"'\olle.st PinanC::1al Center <br />7900 Xerxe, Avenue South <br />BloomingtOn, Minne,oLl 55431 <br />Telephone: (612) 835-3800 <br />PAX: (612) 896-3333 <br /> <br />RE: <br /> <br />Elk River Planning Commission <br />Peter Beck, City Attorney <br />April 22, 1994 <br />Custom Motors <br /> <br />This memorandum is to respond to Steve Ach's request for an <br />update of my September 23, 1983, opinion with respe.ct to the <br />proposed rezoning of the Custom Motors site. In preparing this <br />response I have reviewed the September 23, 1983, letter, as well <br />as the March 22, 1994, staff report on the proposed rezoning of <br />the Custom Motors site. <br /> <br />The staff report Bets forth three findings fo~ the proposed <br />rezoning of the Custom Motors site: <br /> <br />1. Rezoning to R-1B is in compliance with th~ City's <br />Comprehensive Land Use Plan. . <br /> <br />2. Increasing development in the western part of the City <br />has created a change in circumstances. <br /> <br />3. Proposed rezoning will establish continuity and <br />compatibility with development that is occurring around <br />the property. <br /> <br />In 1983 I advised the City that it was within the City's <br />legislative authority to rezone the Custom Motors site from <br />Industrial to ReSidential, assuming that the procedures and <br />findings for such a rezoning set forth in the Zoning Ordinance <br />were followed. It continues to be my opinion that the City is <br />within its authority in rezoning this property to bring it into <br />consistency with the City's adopted ComprehenSive Land Use Plan <br />and the development and use of the surrounding area. . <br /> <br />At Steve Ach's request I will attend the Planning Commission <br />meeting on April 26, 1994, and will be happy to answer any <br />questions you may have. <br /> <br />Attachment <br /> <br />cc: Steve Ach <br /> <br />01 :91 t>661"ZZ"pa <br /> <br />S9Zt96S-ZT9 N3~SQNI' n'~O NtlW~~OH NI~~tl' WO~~ <br />