Agenda Packets - 1982/09/27 - Laserfiche WebLink

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m 9 !"t:;UliA?;DGb! The following is a ;amrorandu;; relative to the Rochester Association, of xoitjhborhoods v. City of Rochester and Others. This case relate::; to rozcn in%, comprohonsive plan and conditional usa permit considurations. 2S Tile City of iochester (City) rezoned a 1.18 acre tract of land from one-f aiily use and lo4.t density residential to high density residential to permit the building of a six -story 49 unit condominium apartment building on the land. The Rochester Association of Neighbor- hoods (the Association), a group of neighboring property owners, con- tend that the rezoning was presumptively invalid as a "quasi-judicial act" not supported by the council with written findings of fact upon substantial evidence; and that even if it was a legislative act, the rezoning was arbitrary and capricious because it was inconsistent with the City's land use plan and without reasonable relation to the health, safety and welfare of the coirsnunity; and that the ordinance was invalid "spot zoning". The trial court upheld the City's rezoning and the Association - appealed the decision to the Minnesota Supreme Court. The Minnesota Supreme Court upheld the trial court and held that the City's ordinance was a valid exercise of the municipality's delegated legislative power and, upon the record presented, was neither proven to be without reasonable relation to the public health, safety, and welfare nor to be invalid as spot zoning. The land in question was bounded by single-family houses, low density multiple family dwellings, a 29 unit apartment building, and a 35 unit condominium. Across the street was a parcel of vacant land zoned "institutional" and was owned by the Mayo Clinic. Visible from the rezoned tract are the Mayo Clinic Complex Buildings located one block north and one block east and another high rise condominium two blocks array.