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JUL- 8-94 FRI 13:18 CPI ENG FAX NO. 6125822830 P.02 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8944 May 27, 1994 Ron Solfest 162 Egret Lane Lino Lakes, MN 55014 Dear Mr. Solfest: This letter is in response to your inquiry regarding the adoption of a city charter provision which wouild allcw the property owners surrounding a lot which is the subject of a zoning change to petition the city council. The petition would then impose an unanimous vote requirement on the council for the zoning change. Such a charter provision would create at least two potential problems. First, the city council, when it makes a zoning decision, must have a rational basis. White Bear Docking v. City of White Bear Lake, 324 N.W.2d 174 (Minn. 1982) . The courts have held that community _opposition to a zoning decision is not a rational basis -for a zoning decision. Scott County Lumber v. City of Shakopee, 417 N.W.2d 721 , 728 (Minn. App. 1988) . The danger is that by allowing the surrounding landowners to have the ability to require a unanimous vote, a zoning decision which would have been enancted with the requisite vote under Minn. Stat. §462.357, Subd. 2 is not based on a rational basis, but based on community opposition, which would cause the decision to be overtuzned by a court. This is the only possible result, but such a provision would probably create an uneccessary risk of litigation. Second, since Minn. Stat. §462.357, Subd. 2 already requires a 2/3rds vote of the council for a zoning change] there is the potential argument that the charter provision conflicts with the statute or is preempted by it. Sec generally NSP v. Ci:. of Granite Falls, 463 1v.W.2d 54le (Minn. App. 1990) . The resolution of this issue is unclear, bu it again raises the possibility of litigation. Although litigation can be an Issue with any charter provision, sometimes the utility of a provision is outweighed by the potential. risks. I hope this information is helpful. Please contact me should you need any additional information. In accordance with League policy, when a issue has possible legal ramifications, a copy of this letter is being sent to your city attorney. Si 3ra�� Stan Pes General Counsel AN EQUAL OPPORTUNM/AFFIRMATIVE AMON EMPLOYER (612)490MO 1-800-925-1122pluspaurcityca& TDD(612)4949039 Fax(612)490-W72