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WilliaixrJ. Ma linen <br /> July 9,.2012 <br /> Page 2 <br /> Golf LLP v, City of Mendota Heights; 708 N.W.2d 1-62; 175 (Minn. 2006) (citing the <br /> MLPA, Minn, Minn. Stat. §. 478.859, subd. 1. As a result, a. city must amend its zoning <br /> regulations to conform to its comprehensive plan when the two are in conflict. MLPA, <br /> Minn.Minn. Stat. §478.859,subd. 1).See also,Mendota Golf;708 N.W.2d at 175. <br /> In a December 9, 2011, legal memorandum, the City Attorney noted that the <br /> City's comprehensive plan conflicted with its zoning code and recommended that the <br /> City eliminate the conflict. See Memorandum from Charles R. Bartholdi,Erickson, Bell, <br /> Beckman & Quinn, PA., to William J. Matinee, City Manager, dated Dec. 9, 2011 <br /> ("Bartholdi Memo," attached). The City Attorney's Bartholdi Memo answered three <br /> questions posed by the City Manager related to Community Mixed Use Zoning Districts <br /> under the Roseville Comprehensive Plan and'the Roseville Zoning Code. Id. at 1. Under <br /> the Roseville Comprehensive Plan, the memo notes, Community-Mixed Use districts are <br /> "guided for Uses which May include Community Business uses(i.e.[,] uses that promote <br /> community orientation and scale), but not.Regional Business uses (i.e,[,] regional scale <br /> uses)."Id. at 2. However, Section 1005.07 of the Roseville Zoning Code, which explains <br /> the purpose of -the "Community-Mixed Use (CMU) District," does not distinguish <br /> between Community. Business uses and Regional Business uses. The City Attonley's <br /> Bartholdi Memo opined -that "since the. Zoning Code does not expressly distinguish <br /> between Community Business and Regional Business uses, there may be certain Regional <br /> Business uses which may be allowed in Community-Mixed4Jse areas under the Zoning <br /> Code, which Would,result in a conflict between the Comprehensive Plan and the Zoning <br /> Code."14. at 2.1 In short, the City Attorney concluded that because "a Regional Business <br /> use is allowed in a Community Mixed-Use District under the Zoning Code, there is an <br /> apparent conflict between the Comprehensive Plan and Zoning Code." Id. at 3. And the <br /> City Attorney recommended that the City resolve the conflict by either amending its <br /> zoning code or its comprehensive. plan. Id. But.the. Minnesota. Supreme Court has held <br /> that because a comprehensive plan supersedes all other municipal regulations under the <br /> MLPA, the only appropriate method to resolve a conflict is to amend a city's zoning <br /> code.Mendota.Golf,708 N.W.2d at 1.75. <br /> Here, the City has yet to amend its zoning code to eonforin to its comprehensive <br /> plan, as it must under the MLPA. The conflict between the zoning code and the <br /> ' To determine whether a specific use is allowed in a community Business area, the City <br /> Attorney stated that"more than just use must be considered." Id. at 3. The analysis must <br /> be made on a "case by case basis"using factors"such as where the store or facility is. <br /> located, the uniqueness of the product sold or produced, the other uses and stores in the <br /> area, [and]whether similar stores or facilities are located nearby . . . . "Id. <br />