SuperAmerica Group, Inc., a Div. of Ashland Oil, Inc. v. City of Little Canada

• Court: Minnesota Court of Appeals
• Writing for the Court: SHORT
• Citation: SuperAmerica Group, Inc., a Div. of Ashland Oil, Inc. v. City of Little Canada, 539 N.W.2d 264 (Minn. App. 1995)
• Decision Date: 07 November 1995
• Docket Number: No. C6-95-802,C6-95-802
• Parties: SUPERAMERICA GROUP, INC., A DIVISION OF ASHLAND OIL, INC., Appellant, v. CITY OF LITTLE CANADA, Respondent.

Page 264

539 N.W.2d 264

SUPERAMERICA GROUP, INC., A DIVISION OF ASHLAND OIL, INC., Appellant, v. CITY OF LITTLE CANADA, Respondent.

No. C6-95-802.

Court of Appeals of Minnesota.

Nov. 7, 1995.

Review Denied Jan. 5, 1996.

Syllabus by the Court

A zoning authority can deny a conditional use permit if the proposed use is incompatible with specific, enumerated policies contained in the city's comprehensive land use plan. It need not defer to expert opinion that is based on conflicting evidence and is rebutted by competent nonexpert testimony, such as neighborhood opposition backed by concrete information.

Gary A. Van Cleve, Timothy J. Keane, Larkin, Hoffman, Daly & Lindgren, Ltd., Bloomington, for Appellant.

Paul T. Ostrow, Sweeney, Borer & Ostrow, St. Paul, for Respondent.

Considered and decided by SHORT, P.J., and PARKER and KLAPHAKE, JJ.

OPINION

SHORT, Judge.

This zoning dispute involves an application for a conditional use permit to operate a gas station and convenience store facility at the intersection of Little Canada Road and Country Drive in the City of Little Canada (the city). When the city denied the permit, SuperAmerica Group, Inc., a division of Ashland Oil, Inc., sued to declare the city's action illegal and to mandate issuance of the conditional use permit. On appeal from the trial court's grant of summary judgment in favor of the city, SuperAmerica argues the record does not support denial of its application. We affirm.

FACTS

SuperAmerica applied for a conditional use permit to construct a facility overlooking Interstate 35E. While the area is zoned for commercial business, the proposed use requires the city's consent under Little Canada, Minn., Mun.Code § 912.040.C, in part, to regulate and avoid conflict between vehicular access points and through traffic movement.

After conducting a study of the roadway system's capacity to accommodate additional traffic, an independent traffic consultant testified it would be difficult to complete left turns during peak traffic, but the amount of traffic generated by the proposed use would be "relatively small, especially compared to the total volumes already on Little Canada Road." The traffic consultant hired by SuperAmerica supported these conclusions and submitted a technical memorandum reporting that the site was capable of supporting the proposed use. The city's planning commission considered the application and, by a split vote, recommended approving the permit because the "traffic issue is a pre-existing condition and data suggests that the development of a SuperAmerica will not exacerbate conditions." At a public hearing, numerous residents and local business owners testified against issuance of the permit due to probable traffic aggravation and concerns relating to crime and pollution. The public meeting was recorded and summarized in prepared minutes.

Following the public hearing, the city council denied SuperAmerica's application. The city concluded issuance of the conditional use permit was inconsistent with its comprehensive land use plan.

ISSUE

Did the city act unreasonably, arbitrarily, or capriciously in denying SuperAmerica's application for a conditional use permit?

ANALYSIS

Land use decisions are entitled to great deference and will be disturbed on appeal only in instances where the city's decision has no rational basis. Carl Bolander & Sons Co. v. City of Minneapolis, 502 N.W.2d 203, 207 (Minn.1993); White Bear Docking & Storage v. City of White Bear Lake, 324 N.W.2d 174, 176 (Minn.1982). In a zoning action, we review directly the proceedings before the zoning authority, not the trial court's findings. Bolander, 502 N.W.2d at 207. Where the municipal proceedings are fair and complete, review is on the record before the municipal authority. Swanson v. City of Bloomington, 421 N.W.2d 307, 313 (Minn.1988).

A zoning ordinance should be construed (1) according to the plain and ordinary meaning of its terms, (2) in favor of the property owner, and (3) in light of the ordinance's underlying policy goals. Frank's Nursery Sales, Inc. v. City of Roseville, 295 N.W.2d 604, 608-09 (Minn.1980); Medical Servs., Inc. v. City of Savage, 487 N.W.2d 263, 266 (Minn.App.1992). General rules of statutory construction may also aid interpretation. See Batalden v. County of Goodhue, 308 N.W.2d 500, 501 (Minn.1981) (interpreting a zoning ordinance using canons of statutory construction).

A city's comprehensive plan contains objectives, policies, standards, and programs to guide public and private land use. Minn.Stat. § 473.859, subd. 1 (1994). Cities adopt zoning ordinances to execute the policies and goals of their land use plan. Minn.Stat. § 462.357, subd. 1 (1994). While expressly authorized by a zoning ordinance, "conditional uses" require the zoning authority's consent because of inherent hazards or location problems. Zylka v. City of Crystal, 283 Minn. 192, 195, 167 N.W.2d 45, 48-49 (1969). Despite this discretion, a city council may deny a conditional use permit only for reasons relating to the public health, safety, and general welfare or for incompatibility with a city's land use plan. Hubbard Broadcasting, Inc. v. City of Afton, 323 N.W.2d 757, 763 (Minn.1982); C.R. Investments, Inc. v. Village of Shoreview, 304 N.W.2d 320, 324-25 (Minn.1981).

The city will issue a conditional use permit for the construction and operation of a convenience gas, grocery, and food operation provided, in part, that:

Vehicular access points shall create a minimum of conflict with through traffic movement * * *.

Little Canada, Minn., Mun.Code § 912.040.C.9 (1995). SuperAmerica does not challenge the city's authority to require a conditional use permit under Minn.Stat. § 462.3595, subd. 1 (1994). Rather, SuperAmerica argues the city's comprehensive land use plan provides a legally insufficient basis for denying SuperAmerica's conditional use permit. See C.R. Investments, 304 N.W.2d at 327-28 (holding a plan's requirements that a proposed use constitute "an 'improvement' on the plan" and be "consistent with the plan's general intent and purpose" are unreasonably vague and subjective and, thus, are a legally insufficient basis for denial of a permit).

The city's comprehensive plan specifically calls for restriction of commercial development at street intersections and prevention of overcrowding and overintensification of land use. Those established standards are not vague or subjective requirements. By adopting Little Canada, Minn., Mun.Code § 912.040.C.9, the city implemented its legitimate land use objective of avoiding additional traffic congestion.

The record demonstrates: (1) the gas station and convenience store facility would be located at the intersection of Little Canada Road and Country Drive; (2) the site already experiences heavy traffic congestion; (3) left turns at the site are extremely difficult during peak periods; and (4) the west ramp on Little Canada Road is currently operating at an estimated 90 percent traffic capacity. Because the city council could rationally conclude the proposed use is inconsistent with definite and objective guidelines provided in the city's comprehensive land use plan,...