On the heels of a county board decision to adopt revision of Lutsen’s town plan, county commissioners talked with a Minnesota Counties Insurance Trust (MCIT) attorney about the zoning of Lance Johnson’s Lutsen property.
On Tuesday, October 27, 2009, the board passed a motion to adopt a revision of the Lutsen town plan as recommended by the Planning Commission. According to Planning & Zoning Administrator Tim Nelson, the revision would delineate zones according to landforms rather than property lines.
Later that day, Paul Reuvers of MCIT reported that the Minnesota Supreme Court agreed to take another look at the case that had recently been decided in favor of Lance Johnson. On September 11, 2001, the county board denied Lance Johnson’s request for commercial zoning of his Lutsen property fronting Highway 61, but because a written copy of the ruling was not presented to him within 60 days, the court granted Johnson his request in a subsequent lawsuit.
At the September 23, 2009 meeting of Cook County Planning and Zoning, the planning commission voted 6-1 in favor of rezoning the property back to residential. After the planning commission votes on a zoning matter, the recommendation goes to the county commissioners. Attorney Reuvers recommended that the commissioners table a decision to rezone the property back to residential, the zoning category they had originally intended. Since the Court of Appeals agreed to look at the case, Reuvers said, he believes the first decision is still “in limbo.” He said he does not believe the property is truly commercial at this point.
If Lance Johnson made a move to construct something commercial on the property before the Court of Appeals decision, Reuvers said, he would recommend that the board take action, however. “I don’t believe you’re in harm’s way,” he said. “It doesn’t mean you couldn’t be sued or challenged.” He expects a decision by early next summer.
MCIT is pursuing the case on behalf of the county. The county’s cost will be a deductible of $2,500. MCIT already has most of the information it needs to represent the county in court, Reuvers said, so MCIT does not expect to incur a lot of cost. Reuvers did not think MCIT’s investment in the case would increase Cook County’s insurance rates very much.
In light of the pending case, the board decided to table a decision on zoning of the property.
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