7.7. SR 08-15-1994 - Laserfiche WebLink

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. . -.............':' CITY/ELK RIVER ~~~ L~lN HOF~~ ~o ' /0 ") \ L.A:RE:r:N", H01'"l'"M.A:N", D1I.LY & Lr:N"DGR:F.::N", LTD, Mr. RObe~t C. Middaugh City Administrator September 23, 1983 Page Two Cu~tom Mptors site is inconsistent with the City's land Use map and is an inappropriate Use in this residential area of the City. The Planning Commission has there!ore recommended that the site be rezoned from industrial to residential. Your question is Whether there would be any legal restrictions on such a rezoning. ISSUE May the City reZOne from industrial to residential uses a parcel of land located in an area of the City designated for residential Use by the City's land Use map, and. actually Used primarily fOr residential purposes, where the City only five years previoUsly rezone the property to Industrial and issued a Conditional Use Permit permitting specific industrial Uses on the"property? DISCUSSION The City clearly has a right to carryon comprehensive municipal plann n9 activities (such as the preparation of a land Use map), and to impleme t zoning regulations, pursuant to Minnesota Statutes SS 465.353 and 465. 57. The Minnesota Courts haVe consistently held that zoning activities are legislative matters and that re20nings are legislative acts which will be sustained unless arbitrary, capricious or unreasonable. See: Kiae v. City of St. Paul, 62 N.W.2d 363 (1953); and Barton ConstrUCtion o. Inc'. v. City at Afton, 268 N.W.2d 712 (1978). ThJ.s s true even t oug' zonJ.ng activJ.tJ.es may place substantial restrictions on the use of orODsrty (see: MCShane'V. City of Faribault, 292 N.W.2d 253 (1980)) or hav~ an adverse effect on property values. (~l county of Ra~sey v. Stevenl5.' 283 N.W.2d 918 (1979)). The law in this state is that no property owner has a Vested right in the current zoning of his property. (See: Prooert Research and Develo m~nt Co. v. City or Eagan, 289 N.W.2d 157 (r980) . As long as a zon ng ordinance bears a reasonable relationship to pUblic health, safety or welfare, the COurts will not interfere with the legislative determin tian of a muniCipaly in zoning matters. '(~: Perron v. Vil1aqe of New Briqhton, 145 N.W.2d 425 (1966)). APPly these principals to the issue preSented by the proposed rezoning of the Custom Motors site, it is our conclusion that there is no legal prOhibition against the proposed rezoning, assuming that it is being . . c II :91 >661'<:<:"0 S9<:t960-<:I9 H3~90Hll ^l~O H~H;;OH HI~~~l wo~;