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• <br /> BARRY L. BLOMQUIST LAW OFFICES <br /> NORTH BRANCH, MINNESOTA 55056 <br /> BARRY L. BLOMOUIST • PHONE: (812) 874 -8381 <br /> TIMOTHY J. PETERSON METRO: 462 -2121 <br /> March 30, 1989 <br /> Centerville City Council <br /> c/o Tamara Miltz- Miller <br /> Clerk /Administrator <br /> 1694 Sorel St. <br /> Centerville, MN 55038 <br /> Re: Review of proposed amended comprehensive <br /> plan update <br /> Dear Council Members: <br /> By letter dated March 23, 1989, you forwarded to me for review the <br /> proposed comprehensive plan update. I herewith respond to your request. <br /> Permit me to preface my review with two comments. First, I have limited <br /> my review to the legal considerations and ramifications which attend this <br /> proposed plan. You have wisely retained a professional planning <br /> consultant. Certainly, with that assistance and the good offices of your <br /> elected officials, committees and volunteers, it would be inappropriate <br /> for me to comment upon the plan except from the vantage point of the law. <br /> To the extent some of my comments address certain language used in the <br /> plan - -and they do- -those comments are made to address or avoid future <br /> legal issues. I will leave it to you and your consultant to determine <br /> their merit and whether any specific changes should result. <br /> Second, I should begin with an assumption that each local person involved <br /> in this process is intimately acquainted with the role and objects of a <br /> comprehensive plan. However, given the present anomalous view of <br /> comprehensive plans, both by the state legislature and state courts, it <br /> may be helpful -- certainly it will do no harm - -to provide you with some <br /> background information regarding comprehensive plans. I thus include a <br /> segment of a recent land use seminar by Robert L. Hoffman which discusses <br /> the present role of comprehensive plans and which suggests that this <br /> situation be corrected by future legislation. <br /> The anomaly simply put arises out of the distinction between comprehensive <br /> plans and land use plans as defined under M.S. 462.352, a copy of the <br /> relevant portion of which is also enclosed. Generally, the comprehensive <br /> plan determines the future make -up of the community; the "planning <br /> agency's recommendation for the future development of the community " - -land <br /> use plans (zoning ordinance, subdivision regulations, capital improvement <br /> plans, etc.) dictate by their implementation and enforcement the means by <br /> which that future development will be realized. <br />