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<br /> <br />"\ <br /> <br />CITY/ELK RIVER ... LARKIN' HOF1'1!AN <br />1 <br /> <br />. <br /> <br />..,.~,.. ~~:~~ <br /> <br />"C"~U7H~ <br /> <br />~OO /e04 <br /> <br />LARKIN, HOFFMAX, DALY & LINDGREN, LTD. <br /> <br />Robert C. Middaugh <br />City Administrator <br />September 23, 1983 <br />Page Three" . . . . . . . . <br /> <br />. <br /> <br />proposed and is implemented ;for the purpose of protecting the public <br />health, safety and welfare. <br /> <br />It is clear that the City has the legislative authority to implement <br />the proposed rezoning, 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 rise to an argument that rezoning the property at this <br />time is arbitrary, capricious and unreasonable. However, if 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 teel that it is signifioant 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 rezonings of a co~rective 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 />t.!... <br /> <br />Please call i~ you have any questions. <br /> <br /> <br />~~, L <br /> <br /> <br />pet~K. Beck., for <br />LP.RKIN, HOFFMAN, DALY & LINDGREN,'LTD. <br /> <br />ks <br /> <br />. <br /> <br />J <br /> <br />J <br />