12-17-1998 Council Agenda - Laserfiche WebLink

Home Browse Search

Thomas M. Sweeney George F. Borer Patrick J. Sweeney Robin D. Tomney Anne Spencer ft Sweeney, Borer & Sweeney Professional Association Attorneys at Law Suite 1200 386 North Wabasha Street St. Paul, Minnesota 55102 November 20, 1998 VIA FACSIMILE AND it S MAIL Mr. Joel R. Hanson City Administrator 515 Little Canada Road Little Canada, MN 55117 RE: Gilanderi Addition Plat Our File No. 9157 Dear Joel: c) Telephone (651) 222 -2541 Facsimile (651) 223 -5289 A question arose at the Council Meeting of October 28, 1998, as to the importance of contiguous neighborhood development in the consideration of the above referenced final plat. A recent Minnesota case relative to the platting of the property is Good Value Homes, Inc v City of Fagan, 410 N.W. 2d 345 (1987). In the Eagan case a number of citizens objected to the increased density that would result in the approval of a preliminary plat. The Minnesota Appellate Court determined that the proposed preliminary plat met the requirements of the City subdivision code and held that the City of Eagan was unreasonable in denying the application for preliminary plat since the application met all of the subdivision requirements. In 83 American Jurisprudence, Second Edition, Zoning and Planning, Section 556 (1992), a Rhode Island case is cited for the proposition that when a subdivision plat meets the requirements of the regulations, a decision denying the subdivision is inadequate "when it relied on the conclusion that the proposed development did not provide for lots as spacious as the estates which have already been developed in the area." Snyder v Zoning Board of Westerly, 98 Rhode Island 39, 200 Atlantic 2d 222. It is our opinion that a Court would not uphold denial of a preliminary plat that meets all the requirements of the subdivision regulations solely on the basis that the area surrounding the proposed plat was developed into larger lots than the proposed lots. Page 12