Hedlund v. City of Maplewood

366 N.W.2d 624, 1985 Minn. App. LEXIS 4092
CourtCourt of Appeals of Minnesota
DecidedApril 23, 1985
DocketCO-84-1917
StatusPublished
Cited by8 cases

This text of 366 N.W.2d 624 (Hedlund v. City of Maplewood) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hedlund v. City of Maplewood, 366 N.W.2d 624, 1985 Minn. App. LEXIS 4092 (Mich. Ct. App. 1985).

Opinion

OPINION

HUSPENI, Judge.

Gordon Hedlund appeals from a trial court judgment declaring that the City of Maplewood’s denial of an application for zoning variances was not arbitrary or unreasonable, a deprivation of equal protection, or a deprivation of the use and enjoyment of a lot without compensation. Hed-lund contends that Maplewood’s denial of the variances constitutes an undue hardship because a residence cannot be constructed on the lot without the variances. He also contends the denial of the variances constitutes an unconstitutional government taking of the land. We affirm.

FACTS

Gordon Hedlund, an experienced real estate developer, acquired a 40' X 125' lot in Maplewood from the state at an auction of tax forfeited lands. The property was forfeited to the state in 1969. Maplewood authorized its sale in August of 1971. Hedlund perfected his interest by a certificate of sale of forfeited lands in 1982 and then discovered that he could not build a dwelling on the land without three variances.

The 5,000 square foot lot is undeveloped. It is located in an area which was originally platted in 1887. The current zoning requirements have been in effect since the early 1960’s. It is zoned R-l, single-family residence, and is designated for low density use by the comprehensive plan which was adopted in 1973.

Hedlund inspected the lot and observed the surrounding land uses before bidding. There is a single dwelling located on a 125' wide parcel north of Hedlund’s lot. South of his lot is a single dwelling on an 80' wide lot. To the west, there are single dwellings on 80' wide lots, and to the east there are single dwellings on 100-120' wide lots.

Hedlund has bought many parcels of tax forfeited land. He does not always check the zoning and comprehensive use plan before buying. He has “bought betting— thinking I can sell it to a neighbor, I can *626 get the council to change their mind.” He generally has encountered little difficulty, but has had to obtain variances for minor problems. Several years prior to his purchase of the Maplewood lot, he checked with various cities about building on 40' lots because he had run into trouble with a 40' wide tax forfeited lot which he purchased in Fridley. At that time, he talked to someone in Maplewood, whose name he cannot recall, and was informed 40' lots were buildable.

After Hedlund purchased the 40-foot lot, his brother-in-law applied to the City of Maplewood for the three variances which would be needed to construct a single-family residence on the lot. Sections 36-69 and 30-8(f)l of the city code require a lot to be not less than 10,000 square feet in order to build such a dwelling. Hedlund’s lot is 5,000 square feet. Sections 36-59 and 30-8(f) require a lot to be 75' wide at the building setback line. Hedlund’s lot is 40' wide at the setback line. Section 30-8(F)l requires a lot to have at least 60' of frontage. Hedlund’s lot has 40' of frontage.

Maplewood denied similar area and width variance requests made by others in 1973 and 1982. Since the adoption of the comprehensive plan in 1973, it has never granted multiple variances which would permit the construction of a single-family residence on a 5,000 square foot lot.

The planning commission recommended that the variances be denied because: (1) development of the lot “would be inconsistent with the intent of the zoning code resulting in a dwelling out of character with the existing neighborhood development”; (2) an approval would be inconsistent with the denial of similar requests; (3) neighborhood density would further exceed the allowable máximums; (4) strict enforcement would not cause an undue hardship unique to the individual lot in question; and (5) any hardships would be self-imposed since the code requirements have been in effect since the 1960’s. The city council accepted this recommendation and denied the variances citing the same reasons given by the planning commission.

Hedlund petitioned for a writ of mandamus to compel the city to issue the variances. The trial court found that the council’s reasons for denying variances were supported by the facts and dismissed Hed-lund’s petition.

ISSUE

Did the City of Maplewood act arbitrarily, unreasonably, capriciously, or beyond its legal powers in refusing to grant the three variances requested by Hedlund?

ANALYSIS

When reviewing a decision of a local governing body in a zoning matter, this court considers that decision independent of the findings and conclusions of the district court. Northwestern College v. City of Arden Hills, 281 N.W.2d 865, 868 (Minn.1979). Inasmuch as a variance allows a property to be used in a manner forbidden by zoning ordinances, the applicant for a variance has a heavy burden to show that the grant is appropriate, Luger v. City of Burnsville, 295 N.W.2d 609, 612 (Minn.1980). Based upon an independent determination of the record, this court concludes that Hedlund has not met this burden and that the City of Maplewood’s denial of the requested variances was reasonable.

The Minnesota legislature has delegated to municipalities the power to plan for the use of the land within their boundaries by establishing zoning and planning ordinances. VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503, 507 (Minn.1983); Minn.Stat. § 462.351 (1982). Municipalities may grant variances to their zoning and planning ordinances if strict enforcement would cause undue hardship. Id. at 507; Minn.Stat. § 462.357, subd. 6(2) (1982). A municipal decision-making body, however, has broad discretionary power to deny an application for a variance. VanLandschoot, 336 N.W.2d at 57.

Hedlund claims that Maplewood is obligated to grant the three variances that he requested because without them he cannot *627 build a single-family residence on the lot. Essentially his argument is the variances should be granted because of undue hardship.

Undue hardship means:

the property in question cannot be put to a reasonable use if used under conditions allowed by official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance.

Minn.Stat. § 462.357, subd. 6(2) (1982).

Maplewood does not contest the fact that without the variances the lot cannot be put to a reasonable use. Rather, the Maple-wood City Council found that Hedlund did not meet the remainder of the criteria for undue hardship as set forth in Minn.Stat. § 462.357 and denied the variances on that basis. Three of the five reasons given by the council for the denial are based on the remaining criteria of Minn.Stat. § 462.357. As such, the reasons are legally sufficient.

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Bluebook (online)
366 N.W.2d 624, 1985 Minn. App. LEXIS 4092, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hedlund-v-city-of-maplewood-minnctapp-1985.