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RELEVANT LINKS: League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 34 Care should be taken so that the 60 -Day Rule discussed previously is not violated, resulting in an automatic granting of the rezoning. Sun Oil Co. v. Village of New Rezoning is a legislative act and needs only to be reasonable and have some Hope, Minn. N.W.2d 256 (Minn. 1974). rational basis relating to public health, safety, morals, or general welfare. A rezoning decision must be supported by findings of fact that indicate the city's rational basis for the rezone. If the city has followed a comprehensive planning process, the findings of fact should also indicate that the decision is consistent with the city's comprehensive plan. (1) Rezoning residential property Minn. Stat. 0 462.357, subd. When property is rezoned from residential to commercial or industrial, a 2. two-thirds majority of all members of the city council is required. (This means there must be four affirmative votes on a five -member council, in most cases.) For other rezoning decisions, a simple majority vote of all members is all that is required. A.G. Op. 59-A-32 (Jan. 25, The Minnesota attorney general has issued an opinion that charter cities may 2002). not alter this voting requirement in their charter. The purpose of state law is to provide a uniform set of procedures for city planning and such procedures apply to all cities, charter or statutory. (2) Spot zoning Amcon Corp. ,.. Cin- of The general rule is that property owners to do not acquire any vested rights Eagan, 348 N.W.2d 66 (Minn. 1984). in the specific zoning of their parcel. Cities may exercise their legislative Olsen v. Cit o/ Hopkins, 178 discretion to rezone property in furtherance of the public, health, safety and N.W.2d 719 (Minn. 1970). Three Putt, LLC v. City of welfare. Cities should, however, avoid a type of rezoning known as "spot Minnetonka, No. A08-1436 (Minn. Ct. App 2009) zoning." (unpublished decision). Spot zoning usually involves the rezoning of a small parcel of land in a manner that: State, by Rochester Assn of • Is unsupported by any rational basis relating to promoting public Neighborhoods v. Ciry o/ Rochester. 268 N.W.2d 885 welfare. (Minn. 1978). • Establishes a use classification inconsistent with surrounding uses and creates an island of nonconforming use within a larger zoned district (for example one lot where industrial uses are permitted in an otherwise residential zone). • Dramatically reduces the value for uses specified in the zoning ordinance of either the rezoned plot or abutting property. Alexander v. Cin of Spot zoning that results in a total destruction or substantial diminution of Minneapolis, 125 N.W.2d 583 (Minn. 1963). value of property may be considered a form of regulatory taking of private property without compensation. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 34