CCMin_59Apr9 - Laserfiche WebLink

Home Browse Search

1183 Nilsen Mr. Korstad, there is an unanswered question. Korstad Well the Real Estate Man kept talking a.nd I had to listen to that. I can't read this while he's talking because I am expected to answer. I'm trying to find it now. Nilsen I see. Atty. My name is Tilton. I am a member of the law firm of Robins, Davis Tilton & Lyons representing the builders. Although it has been said many times that the question of the apartments was not directly involved, it is perfectly obvious by the comments made by the advocates of the rezoning of this property, that the apartments are, in fact, involved. I won't comment on the characterization of the apartments except to say that in the City of St. Paul, small investors have found that these apartments, rather than being monstrosities, are something that really beautify the neighborhood and are a real benefit to the neighborhood. I won't comment on the alleged devaluation of property except to say that I understand that at a previous meeting one of the most distinguished and best known appraisers in the Twin City Metropoli- tan Area was prepared to advise the body that the apartment project as developed, as projected, would not in fact devaluate the neigh- borhood -- it would, in fact, increase the value of the neighbor- hood. Rather than discuss the apartments as such, I would rather return to the immediate question before this group -- that is the Question of rezoning this piece of property. I was pleased to hear that the proponent of this petition felt that spot zoning was illegal. I was, however, dismayed to hear that in spite of his feeling that spot zoning was illegal, he proceeds to suggest that this Council do exactly that. The proceeding that you have in front of you is not unusual, In the City of St. Paul, and in other suburban areas, I am sure than when a Planning Board, when a legislative body is faced with an issue of granting a permit, a few owners become greatly concerned because they feel, either rightly or wrongly, that their awn pocket book will be hurt, and begin action for re- zoning the property. In the City of St. Paul, the Planning Board, the Board of Zoning and the City Council has long felt that this is an inappropriate time to begin rezoning the property out from under an owner, when he has made an advantageous sale of the property for a legitimate use which under the law can be made. If cuestions like this are to be raised, they should be raised at a time far in advance of the expenditure of money by the owner and the proposed developer on the proposed site. I also want to call your attention to one somewhat unusual provision of your particular law which permits this particular proceeding. I mean no criticism of it. fl~fy familiarity with other zoning laws requires that 5~ of the frontage to be rezoned must be a part of the petition. This prevents the kind of proceeding where only the piece of property being rezoned is the piece of property under attack. In other words, if you are going to have this type of adversary rezoning, you have to involve a piece of property at least the size of the piece of property you are attacking along with it, in order to rezone a man's land out from under him. I