Tuckner v. Township of May

419 N.W.2d 836, 1988 Minn. App. LEXIS 262, 1988 WL 14612
CourtCourt of Appeals of Minnesota
DecidedMarch 1, 1988
DocketC9-87-1915
StatusPublished
Cited by4 cases

This text of 419 N.W.2d 836 (Tuckner v. Township of May) 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
Tuckner v. Township of May, 419 N.W.2d 836, 1988 Minn. App. LEXIS 262, 1988 WL 14612 (Mich. Ct. App. 1988).

Opinion

OPINION

EDWARD D. MULALLY, Judge.

This is an appeal from the trial court’s judgment affirming a decision of the Washington County Board of Adjustment and Appeals (the Board), which denied appellants Richard and June Tuckner’s request for a variance. We affirm.

*837 FACTS

Appellants own Lots 74, 75, 76, and 77, Block 2, Camelian Hills, which are contiguous parcels of land situated on Big Came-lian Lake in Washington County. Appellants’ home is located on Lot 77. Lot 76 has a cabin which appellants rent out as a seasonal dwelling. Lots 74 and 75, which are considered to be one parcel, also have a cabin which is rented out as a seasonal dwelling.

Washington County Shoreland Management Ordinance (WCSMO) § 501.03 prohibits the owner of two or more contiguous lots or parcels of land from considering the individual lots or parcels as separate for purposes of sale or development if the individual lot or parcel does not meet the width or area requirements set forth. Under the WCSMO, the minimum lot size is 1.5 acres. None of appellants’ lots meets the WCSMO requirements for size.

Appellants were advised of the contiguous lot provision in section 501.03 when they purchased Lots 74 and 75. Appellants were again informed of the provisions of section 501.03 when they requested a building permit from the Washington County Planner, and were told that if they wished to sell their property, all three structures on all four lots would have to be sold together as one unit.

In 1983 appellants decided to sell their property on Big Camelian Lake and requested a variance from the WCSMO so they could sell Lots 76 and 77 as one parcel and 74 and 75 as another. The Board denied their request. In 1985 appellants reapplied for a variance, but this request was also denied. Pursuant to Minn.Stat. § 394.27, subd. 9 (1984), appellants appealed to Washington County District Court, which affirmed.

ISSUES

1. Does section 501.03 apply to improved property?

2. Was the Board’s denial of appellants’ request for a variance arbitrary and capricious?

3.Did the trial court err in finding appellants failed to establish undue hardship?

ANALYSIS

1. Appellants argue section 501.03 does not apply to improved property. Appellants urge this court to determine whether the phrase “lots or parcels of land” contained in section 501.03 means only unimproved real estate, or if it also includes real estate upon which improvements have been made.

Minn.Stat. § 394.21 (1984) authorizes Washington County to carry on county planning and zoning activities “for the purpose of promoting the health, safety, morals and general welfare of the community”. Counties, like municipalities, have broad discretion in zoning matters, particularly in enacting a zoning ordinance. See Odell v. City of Eagan, 348 N.W.2d 792, 796 (Minn.Ct.App.1984).

The interpretation of an existing zoning ordinance is a question of law. Id. at 797. To interpret terms in an ordinance, the court must look at their plain and ordinary meaning. Id. While zoning ordinances should be construed strictly against the county and in favor of the property owner, Frank’s Nursery Sales v. City of Rose-ville, 295 N.W.2d 604, 608 (Minn.1980), the ordinance must always be considered in light of its underlying policy. Id. at 609.

a. Plain and ordinary terms.

The language of section 501.03 does not distinguish between improved and unimproved property. Rather, section 501.03 provides:

If in a group of two or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel does not meet the full width or area requirements of this Ordinance, such individual lot or parcel cannot be considered as a separate parcel of land for purposes of sale or development * * *.

(Emphasis added).

Because section 501.03 does not distinguish between improved and unimproved *838 property, the plain and ordinary meaning of the phrase “lots or parcels of land” would include all lots or parcels of land, whether improved or unimproved. This interpretation is consistent with the rest of section 501.03, as the individual lots or parcels of land are not to be considered separate parcels of land for sale or development. Inclusion of the word “sale” suggests section 501.03 applies to both im-, proved and unimproved parcels of land. Had section 501.03 contemplated only development, then it may be more reasonable to construe section 501.03 to apply only to unimproved property.

b. Underlying policy of section 501.03.

In a memorandum attached to its order, the trial court stated:

The purpose of [section 501.03] is to restrict non-conforming uses in a way which will be conducive to their ultimately being phased out. See, Hawkinson v. County of Itasca, 304 Minn, 367, 373, 231 N.W.2d 279, 282 (1975).

The trial court concluded that allowing the sale of an improved lot would defeat the purpose of section 501.03. This is consistent with the well-established rule that nonconforming uses are to be restricted in a way which will be conducive to their ultimately being phased out. County of Freeborn v. Claussen, 295 Minn. 96, 102, 203 N.W.2d 323, 327 (1972).

Considering the plain and ordinary terms of section 501.03 and its underlying policy, we conclude section 501.03 applies to improved and unimproved property.

2. Appellants also contend denial of the variance request was arbitrary and capricious. On appeal, this court’s role is to determine whether the county’s actions were reasonable. VanLandschoot v. City of Mendota Heights, 336 N.W.2d 503, 508 (Minn.1983). This involves determining whether the actions were:

arbitrary and capricious, or whether the reasons assigned * * * do not have “the slightest validity” or bearing on the general welfare of the immediate area * * * or whether the reasons given * * * were legally sufficient and had a factual basis.

Id. (citations omitted).

The county has broad discretionary power to deny an application for variance. Matter of Johnson, 404 N.W.2d 298, 300 (Minn.Ct.App.1987). Since a variance enables a landowner to use property in a manner forbidden by the zoning ordinance, an applicant has a heavy burden to show approval is appropriate. Id.

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451 N.W.2d 338 (Court of Appeals of Minnesota, 1990)
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Bluebook (online)
419 N.W.2d 836, 1988 Minn. App. LEXIS 262, 1988 WL 14612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tuckner-v-township-of-may-minnctapp-1988.