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<br /># <br /> <br />LAW OFFICES .OF <br /> <br />Burlle ond Rawlins <br /> <br />SUITE 101 <br />299 COON RAPIDS BOULEVARD <br /> <br />COON RAPIDS. MINNESOTA 55433 <br /> <br />PHONE (612) 784-2998 <br /> <br />JOHN M. BURKE <br />WILLIAM G. HAWKINS <br />THOMAS M. FITZPATRICK <br /> <br />nay 22, 1985 <br /> <br />Centerville City Council <br />1694 Sorel Street <br />Centerville, ~N 55038 <br /> <br />Re: Rezoning of 6805 20th Avenue South from Commercial to <br />Industrial <br /> <br />Gentlemen: <br /> <br />The following letter is written in response to your request for <br />my written opinion concerning the rezoning of the above <br />referenced property in November of 1980. ~pparently several <br />questions have been raised concerning the propriety of this <br />action on the part of the City Council. <br /> <br />. <br /> <br />procedurally under the zoning Ordinance for the City a petition <br />to initiate rezoning may be commenced by the City Council, or <br />the Planning Commission, or 50 per cent of the affected land- <br />owners and 50 per cent of the persons within 350 feet. ~he <br />information provided to me indic.ates that the only party who <br />initiated the rezoning was the property owner. Under Minnesota <br />Statute 462.357 the enabling legislation dealing with amendments <br />to zoning ordihances for cities indicates that a city may in its <br />zoning ordinance establish the number of affected persons needed <br />to initiate a zoning change. While most communities merely <br />allow the owner of the property who requests the zoning to <br />petition, the Centerville City Ordinance is much more strict <br />than that. Since the zoning application was not initiated by <br />the requisite number of persons under our ordinance it would <br />certainly appear to be subject to challenge by the affected and <br />adjacent property owners. While it may be argued that the City <br />Council in acting upon the application in effect initiated the <br />application this argument is certainly not as strong as if the <br />rezoning was actually initia~ed by a separate council resolu- <br />tion. <br /> <br />There has been some discussion regarding the possible inconsist- <br />ency of the rezoning to the Centerville Comprehensive Plan. <br />Minnesota courts have held that all inconsistencies between <br />zoning and a comprehensive plan do not necessarily invalidate <br />