Sagstetter v. City of St. Paul

529 N.W.2d 488, 1995 WL 141756
CourtCourt of Appeals of Minnesota
DecidedApril 4, 1995
DocketC8-94-2170
StatusPublished
Cited by5 cases

This text of 529 N.W.2d 488 (Sagstetter v. City of St. Paul) 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
Sagstetter v. City of St. Paul, 529 N.W.2d 488, 1995 WL 141756 (Mich. Ct. App. 1995).

Opinion

529 N.W.2d 488 (1995)

Richard SAGSTETTER, et al., Appellants,
v.
CITY OF ST. PAUL, a Municipal Corporation, Respondent.

No. C8-94-2170.

Court of Appeals of Minnesota.

April 4, 1995.

*490 John E. Daubney, John E. Daubney Law Office, St. Paul, for appellants.

Timothy E. Marx, St. Paul City Atty., Jerome J. Segal, Asst. City Atty., St. Paul, for respondent.

Considered and decided by RANDALL, P.J., HARTEN and MINENKO,[*] JJ.

OPINION

RANDALL, Judge.

The Manager of St. Paul Social Services, Division of Parks and Recreation, requested a variance to build a domed softball field. The Board of Zoning Appeals (BZA) granted this request. Appellants challenged the variance before the St. Paul City Council (city council). The city council first reversed the BZA's decision, but then reconsidered its decision and affirmed the BZA's grant of the variance. Appellants then appealed to the district court, which affirmed. Appellants are now before this court.

FACTS

The city wanted to redesign a group of softball fields in a city park. As part of the project, the number of softball fields would be reduced from nine to five. This reduction would allow the city to add off-street parking, food concessions, and public restrooms. As part of the project, the city planned to build a structure around one of the fields that would support a dome during the winter months.

The dome would be 90 feet at its peak, with an average height of approximately 35 feet. The maximum allowed height under the zoning ordinance is 30 feet. The dome would be inflated during the winter months, but removed during the summer months.

Appellants own apartment buildings located next to the proposed dome site and claim the domed field will reduce the value of their properties.

The city wanted to provide year-round activities. Further, the new design allowed the city to add off-street parking. Parking on the street by park patrons was cited as a source of complaints from area residents. The plan also provided for public restrooms. Residents also complained that park patrons left the park grounds to urinate in the residents' yards. Finally, the plan provided for food concessions.

As part of its plan, the city explained that it considered excavating in order to reduce the dome's height above ground level, but that the soil conditions, together with the presence of sewer pipes, did not allow them to excavate.

The BZA granted the city's request for a variance. The appellants appealed to the city council. At its first hearing on the issue, the city council reversed the BZA, and denied the variance. One week later, the city council reconsidered the issue, affirmed the BZA's decision, and granted the variance.

The parties stipulated to the facts as contained in the record. The record is comprised of transcripts from before the city council, and documents presented to the BZA and the city council.

Appellants are before this court claiming the trial court erred in affirming the city council's decision to grant a variance to allow the domed structure to be built.

ISSUE

Was the city council's decision to grant the zoning variance reasonable and did it comply with the law?

ANALYSIS

In reviewing a zoning action, this court gives no deference to the district court's findings and conclusions. Rowell v. Board of Adjustment, 446 N.W.2d 917, 919 (Minn.App.1989), pet. for rev. denied (Minn. Dec. 15, 1989). Where the municipal proceedings are fair and complete, review is on *491 the record before the municipal agency, and this court is reluctant to interfere with the management of municipal affairs. Id.

A reviewing court will set aside a city's decision in a zoning variance matter if the decision is unreasonable. Id. at 921 (citing VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503, 508 (Minn.1983)). Reasonableness is measured by the standards set out in the city's ordinances. Id. Reasonableness can be stated in terms of what is not arbitrary and capricious. See Honn v. City of Coon Rapids, 313 N.W.2d 409, 415 (Minn.1981). The reviewing court will not invalidate a city's zoning variance decision if the city acted in good faith and within the broad discretion accorded it by statutes and ordinances, and its decision will only be reversed "if its stated reasons are legally insufficient or without factual basis." Rowell, 446 N.W.2d at 921.

The power of municipalities and their zoning boards to grant area variances is governed by Minn.Stat. § 462.357, subd. 6 (1992).[1] A city's authority to grant variances cannot exceed the powers granted by this section. Rowell, 446 N.W.2d at 921.

The St. Paul City Ordinance regarding variances closely tracks the language of the state statute.[2] As in Rowell, by adopting the language of the enabling statute, the St. Paul ordinance grants the zoning authority the same power to grant variances as is allowed by Minn.Stat. § 462.357, subd. 6(2). Rowell, 446 N.W.2d at 921. Therefore, if the *492 variance is permitted by statute, it is also permitted by the ordinance. Id.

Appellants argue that the burden is on the city to show the variance is justified, citing Tuckner v. Township of May, 419 N.W.2d 836, 838 (Minn.App.1988). We are not persuaded. In Tuckner, this court held that the landowner had the burden to show that the county was unreasonable. Id. Here the variance was granted, and the burden is still on appellants to show the grant was unreasonable. Because zoning laws are a restriction on the use of private property, the burden of proof to show arbitrariness is lighter for landowners challenging denial of a special use permit than for objectors questioning approval of a permit. Board of Supervisors v. Carver County Bd. of Comm'rs, 302 Minn. 493, 499, 225 N.W.2d 815, 819 (1975).

Reasonable Use

Appellants construe the statute and ordinance sections, which state that the property "cannot be put to a reasonable use" under the strict provisions of the code, to mean that if the property can be put to any reasonable use, then granting a variance is unreasonable. This court has previously construed this language to mean that the landowner would like to put the land to a reasonable use, but that the proposed reasonable use is prohibited under the strict provisions of the code. Rowell, 446 N.W.2d at 922. The Rowell court stated that if a landowner could not put the land to any reasonable use under an ordinance, that the constitution would compel a variance regardless of the statute. Id. (citing Holasek v. Village of Medina, 303 Minn. 240, 244, 226 N.W.2d 900, 903 (1975)).

Here, the city wants to put the land to a reasonable use: placing a dome over the field to enable year-round use.

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Cite This Page — Counsel Stack

Bluebook (online)
529 N.W.2d 488, 1995 WL 141756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sagstetter-v-city-of-st-paul-minnctapp-1995.