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Mr.Rick Jopke <br /> October 19, 1999 <br /> Page 5 <br /> increase in noise, traffic, and potential odorous emissions have a direct and substantial negative <br /> effect on the value of abutting properties. Here, the connection is tenuous, but even if the <br /> connection did exist, one would question the degree such an effect would have on property <br /> values. To constitute spot zoning, the effect must be total and substantial. Under these <br /> circumstances,spot zoning would be difficult to prove. <br /> Another way to prove spot zoning is to show the rezoning created an island of nonconforming <br /> use. Allowing the billboard for only one property—the golf course--may create an island of <br /> nonconforming use sufficient to prove spot zoning. If other properties within the district are <br /> allowed to have billboards, or if other zoning districts, such as public facilities districts, are <br /> allowed to have billboards, such as through a conditional use permit process, then spot zoning <br /> may be harder to prove,especially if those properties are located near the golf course property. <br /> M. Statutory RestitetiOns3 <br /> The placement of advertising devices or billboards along a state trunk highway, such as Highway <br /> 10, also must be consistent with Minnesota statutes. Minnesota Statutes § 173.08 provides in <br /> part that no advertising device except those expressly permitted by exceptionshall <br /> be erected <br /> or of <br /> maintained in an area adjacent to a state trunk highway. for One such exception placement <br /> an advertising device adjacent to a trunk highway provides that placement is permitted for <br /> "advertising devices which are located, or which arc to be located, in business areas and which <br /> comply, or will comply when erected, with the provisions of§ 173.01 to 173.27." Minn. Stat. § <br /> 173.08, subd. 1(h). A "business area" as used in the statute is defined to be "any part of an <br /> adjacent area which is (a) zoned for business,Ddustrial,_orc ercial act'wtt •ties under the <br /> authority of any law of this state or any political subdivision thereof, or (b) not so zoned, but <br /> which constitutes an unzoned commercial or industrial area as herein defined." Minn. Stat. § <br /> 173.02, subd. 9(emphasis added). <br /> Thus, it would appear that if the zoning for The Bridges Golf Course under the City's zoning <br /> code is that of business. industrial or commercial, placement of billboards would be permitted <br /> adjacent to State Trunk Highway No. 10. If The Bridges Golf Course is not zoned business, <br /> industrial or commercial, placement of advertising devices or billboards would not appear to be <br /> permitted along State Trunk Highway No. 10. I have enclosed a copy of Chapter 173 regarding <br /> advertising devices for your reference. <br /> Minnesota Statutes Chapter 173 also has provisions requiring the issuance of permits in certain <br /> situations. The Placement of billboards would also be subject to any such permitting <br /> requirements. <br /> slx.iassro <br /> 981-d 20/90'd 9Z1-1 OIE61EEZ19+ N3AYb9 ! AG3NN3N-WOAd BP:BO 86-0Z-01 <br />