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<br /> C?--~"~. !~., J........____ <br /> Y/d-->/k7 I <br /> ~\SL ":l.~ <br /> , <br /> .~ <br /> JAMES S. LYNDEN <br /> ATTOIlNFI AT u.w <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 /> Re: Case No. 87-4, Jackson-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 April. 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 initial conversation, <br /> that contract or conditional rezoning was something the City 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 conditional <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 throughout the country have held <br /> attempts at contract or conditional rezoning to be invalid as <br /> constituting an illegal contract in a way 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 />