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<br /> . ~. <br /> .. <br /> .. <br /> JAMES S, LYNDEN <br /> ATTORNEY AT LAw ~ <br /> . <br /> -~ <br /> -- <br /> March 30, 1987 <br /> Arden Hills City Council <br /> Ci ty Hall <br /> 1450 West Highway 96 <br /> Arden Hills, Minnesota 55112 <br /> Attention: Ms. Patricia Morrison <br /> Clerk-Administrator <br /> /;--:::.:=::.:::.::=:::-:---:-:~. ~ . <br /> Re;;::"'-tase No. 87-4,yckson-Scott & Associates, Inc.--Rezoning of <br /> -Parcel -at Corner of S.T.H. 96 and Hamline Avenue North <br /> Dear Members of the Council: <br /> . This matter was on the Council's agenda for the meeting on March <br /> 30, 1987 but was postponed by the Applicant until the first <br /> meeting of the Council in Apri l. At the Council's last meeting, <br /> the Applicant's attorney, Jim Stolpestad, suggested the Council <br /> - consider some type of contract or conditional rezoning as a means <br /> by which to alleviate its, and the neighbors, concerns about <br /> rezoning the subject parcel outright. He was apparently advised <br /> to contact me and did. I told him, in our ini tial conversation, <br /> that contract or conditional rezoning was something the Ci ty had <br /> never engaged in (because I had informed previous Councils that <br /> it was not a favored zoning technique) but invited him to send me <br /> a letter setting forth cases in which contract or condi tional <br /> rezoning had been upheld. <br /> Mr. Stolpestad did send me such a letter. A copy thereof is <br /> enclosed herewith. After reviewing the letter, I called him to <br /> advise that I was not particularly persuaded by the case <br /> authorities set forth therein. I referred him to an annotation <br /> of cases on the subject of .Rezoning--Special Restrictions. which <br /> I had found in Volume 70 of ALR 3d. That Annotation generally <br /> points out that most Courts throug hout the country have held <br /> attempts at contract or cond i ti onal rezoning to be invalid as <br /> constituting an illegal contractlllG __ . oway of the zoning <br /> authority's governmental powers. At least one exception to this <br /> general rules exists; that is, an agreement or declaration of <br /> covenants and restrictions for the benefit of surrounding <br /> - neighborhoods, neighborhood associations, but enforceable by the <br /> municipality (by injunction) , or a similar form of agreement <br /> - between the developer and a public agency not having final zoning <br /> - 612223-5436 612297-6400 <br /> 800 AM HOIST TOWER ST PAUL, MINNESOTA 55102 <br />