VanLandschoot v. City of Mendota Heights
| Decision Date | 08 July 1983 |
| Docket Number | No. C5-82-1178.,C5-82-1178. |
| Parties | David A. VanLANDSCHOOT, Respondent, v. CITY OF MENDOTA HEIGHTS, Dakota County, Minnesota, Appellant. |
| Court | Minnesota Supreme Court |
Winthrop, Weinstine & Sexton, Steven C. Tourek and Wendy Willson Legge, St. Paul, for appellant.
Lais, Gannigan & Ciresi and John F. Bannigan, Jr., St. Paul, for respondent.
Considered and decided by the court en banc without oral argument.
Appellant, City of Mendota Heights (City), appeals from a judgment of the Dakota County District Court ordering the City to grant respondent VanLandschoot's application for the subdivision of Lot 18, Linden Addition to the City of Mendota Heights (Lot 18) and, further, to grant him certain requested variances in order to allow him to build two houses on the subdivided lots. The trial court concluded the City's action in denying the application for subdivision and the variances incident thereto was arbitrary, unreasonable and capricious. We reverse.
In 1976, Ronald Smith, respondent's predecessor in title to Lot 18, applied to the City for subdivision of Lot 18 into two parcels. In connection with that application, Smith requested the City vacate a 30-foot right-of-way adjacent to the southern border of the proposed west lot so as to enable him to comply with the City's 30-foot frontyard setback requirement. This application was denied by the city council. During the time of his ownership, Smith placed fill on the lakeshore of Rogers Lake abutting Lot 18 in violation of the City's ordinances and the Minnesota Department of Natural Resources (DNR) rules and regulations. As a result of this filling, Lot 18 was increased by approximately 7,000 square feet and the shoreline configuration was altered. Otherwise, except for some grading, Smith did not improve the property.
In 1978, respondent, a lawyer and real estate developer, purchased from Smith all of Lot 18. At the time of the sale, Smith advised respondent that the proposed subdivision of the lot had not been approved by the City, but that, in Smith's opinion, the proposed plan appeared to meet subdivision requirements of the City. Respondent claims that when he purchased the property he was unaware that variances would be needed in order to erect two houses on a subdivided Lot 18. Respondent hired an architect and met with Howard Dahlgren, the City's planning consultant. Dahlgren informed respondent of the previous events affecting the property during Smith's ownership. He also suggested respondent obtain confirmation from the DNR that it approved the fill Smith had placed along the northern part of Lot 18. Moreover, he urged respondent to make application for subdivision of Lot 18 before commencement of any construction on the west part of Lot 18 because there was no guarantee the City would approve a proposed subdivision plan. Also at that conference, respondent was informed that three or four variances would be necessary before buildings could be built on the proposed subdivided lot.
Subsequently, respondent filed an application with the City's planning commission for a subdivision of the property into two residential lots and for three variances. The proposal divided Lot 18 into an east and a west lot. Three variances would be necessary to build a house on the west lot: (1) from the City's wetland ordinance which requires a 100-foot setback from the water control level to a distance of 85 feet; (2) from the 30-foot frontyard setback requirement to a distance of 23.5 feet; and (3) from a requirement of frontage on a 60-foot right-of-way to allow frontage on the existing 30-foot right-of-way and also to construct a driveway over a portion of that right-of-way. Moreover, on the east lot a variance from the 100-foot wetland setback would be necessary to allow construction of the house respondent planned to erect on it, although it would have been possible to build a different style and size house on the east lot without any variance.
The City's planning commission met on August 28, 1979. At the meeting, respondent testified and submitted documents in support of his proposal. Considerable neighborhood opposition was voiced at the meeting — mostly because allowing the subdivision would allow Smith and respondent to profit by the illegal activity of putting in unauthorized fill on the shoreline of Rogers Lake. A motion to recommend approval of the subdivision together with the requested variances, subject to the condition that the unauthorized-fill matter be resolved to the DNR's satisfaction, received a 3 to 3 vote. One member of the planning commission was absent but later submitted a letter that had he been present at the meeting he would have voted in favor of the proposed subdivision. About a month later, the DNR indicated that at that late date it would not be in the public interest to require respondent to modify the shoreline where the unauthorized fill had been placed by Smith, and that it was closing its file leaving land use matters to local decision.
Respondent explained his plans and answered questions concerning his proposal at a city council meeting on November 6, 1979. He claimed that, unless the application was approved, he, as landowner, would experience hardships. The hardships claimed were ongoing real estate taxes, the cost of landscaping and maintenance, and the cost of erecting a house sufficiently substantial for a 72,000 square foot lot. A petition in opposition, containing 103 signatures of neighboring landowners, was likewise submitted to the council. This hearing was continued until November 20, 1979. Respondent appeared at this second hearing in person and with counsel. Some council members opined that denial of the application would not result in "hardship" as defined by applicable statute and ordinance. Rather, some council members thought, the application was solely for respondent's economic gain and convenience. Council members also discussed consequences likely to follow from respondent's plan to have a private driveway on the public right-of-way south of the proposed west lot. Concern was expressed that such a use would have a detrimental impact on the use of the right-of-way by emergency vehicles; potential problems that might arise concerning maintenance of the right-of-way; and potential liability problems that might arise as the result of such dual use. Following the discussion, the council adopted Resolution 79-119 denying respondent's application by unanimous vote.1 One week later, respondent filed an Application for Consideration of Planning Request seeking a variance to build one house on Lot 18 without subdivision. Six weeks later, this application was withdrawn and this declaratory judgment action was commenced.
On appeal to the district court, additional evidence was submitted regarding the issue of necessity of the proposed subdivision and the variances, the effect the granting of them would have on the community, and the hardships respondent would experience if prohibited from subdividing. Respondent admitted he could build a home on Lot 18 if not subdivided and if the requested variances were denied, but contended he would have to build on the eastern portion of the lot — an option he considered less desirable than building on the western portion. With respect to hardship, respondent claimed first, it would be a hardship to landscape and maintain a 72,000 square foot lot; second, it would be a hardship to pay taxes on the entire lot although he conceded a property owner's real estate tax assessment is primarily determined by the size and quality of the house rather than lot size; and third, that it would be hardship to maintain the image of having the "largest estate" in the community. Respondent admitted the public might be deterred from using the public right-of-way to Rogers Lake if it doubled as a private driveway, though he denied its use as a driveway would create problems with snowplowing and removal.
On the other hand, other witnesses stressed the likelihood of diminished use of the lake access road if it was a private driveway. The City's engineer testified that, because of existing storm sewers and a ditch, the roadway would be only 15 feet wide, which would make snow removal difficult because of lack of space for snow storage and inadequate room to maneuver snow plows. Evidence was also provided that the City had never issued three or more variances to make a lot buildable, nor had the City ever granted a variance from the requirement of fronting on a 60-foot right-of-way, nor had the City ever permitted the construction of a private driveway over a public right-of-way. Further evidence presented by the City was that the 60-foot right-of-way requirement in its ordinance is to allow access for public and emergency vehicles as well as to provide sufficient room for snow removal and storage and location of public utilities. Moreover, evidence indicated the 30-foot frontyard setback requirement is required not only for aesthetic reasons but also to create a buffer between traffic noise and dirt of the public right-of-way and the residence. The 100-foot wetland setback is required by Minnesota law and an ordinance adopted by the City. City officials maintained that it was important to maintain public access to Rogers Lake. This access, the City contended, would be impaired if respondent was given permission to construct a private driveway over the public right-of-way. Concerns were also expressed by city officials over potential problems likely to occur if the private driveway were permitted relating to tort liability and road maintenance.
The Minnesota legislature has delegated to municipalities the power to determine and plan the use of land within their boundaries. Minn.Stat. § 462.351 (1982). It has further provided that the municipalities may grant variances to zoning and planning ordinances where strict enforcement would cause "undue hardship." The...
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