06-22-1998 Council Packet - Laserfiche WebLink

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s i ;0 Mr. Alan P. Olson Page 2 August 23, 1983 Thonas N. Traff and Janet L, Traff, 11 husband and wife 260 Inland Lane Plymouth, MN 55447 David S. Steingas and Lane M. Steingas 64 3825 Virginia Avenue Wayzata, MN 55391 William Crear III 65 56 Westwood Drive Long Lake, MN 55356 I would suggest that you contact each of the above grantees to determine what their desires are with regard to the above-described lots. If the City's position is that the ordinance voids Mr. Ahern's sale of these lots retroactively and after the fact of their having been conveyed to other persons or restricts the rights of the new owners with regard to their use, building, and future transfer of the lots as separate parcels, it is my opinion that the ordinance is unconstitutional as retroactive legislation, an unreasonable restriction on an owner's right to the use of and the transfer of his property, and the "taking" of property without just coirpensation. "^e ordinance also exceeds the authority given to local municipalities wi^ regard to zoning and land use fcy the Minnesota Statutes, in so far as it purports to bar the sale of separately owned parcels and force the combination of separately owned parcels into one record lot, resulting in restrictions with regard to the sale, the use and building on those lots. Regarding the unconstitutional retroactive effect of the ordinance, it is significant that the moratorium ordinance (No. 238) and extension thereof (No. 241) did not bar the sale of these lots, and accordingly Mr. Ahern's conveyances were entirely valid under the then existing laws. On the other hand, if the City treats these lots as separately owned parcels, as it should, each one of the above-named owners should be notified and offered the various options with regard to their separate properties. I assume these owners will be given extensions of time for filing as they have not been previously notified and sent forms.