Planning Commission denies CoPar CUP application

The Maplewood Planning Commission met on April 15 to consider an application from CoPar Companies for its 165 unit Carver Crossing development. This application, submitted on March 31, is an outgrowth of the mediation step of CoPar's lawsuit against the city.

On September 28, 2006 the Maplewood City Council denied the CUP application for CoPar's 191 unit development plan. Written findings in support of the denial were not adopted in accord with Minnesota land use law, leading to the lawsuit. CoPar alleges the City's denial was arbitrary and capricious, and that the denial constitutes a 'taking'.

The League of Minnesota Cities Insurance Trust appointed John Baker to represent Maplewood in the case. Mr. Baker made a lengthy presentation to the Commission last night. This is sufficiently unusual that Maplewood Voices extracted the audio so that readers could review his presentation.

His key points were

• Unlike a normal application, denial of this application will send the matter directly back to the court.
• There is urgency as approval or denial must occur early in May in order to prepare for a June 2 hearing.
• Sooner or later the land will be developed.
  
• The judge could approve the 'arbitrary and capricious' claim thereby approving the 191 unit plan.
• The judge could deny the 191 unit plan, but approve the 'takings' claim. Mr. Baker described the worst case scenario here as CoPar's valuation of the takings at 7,900,000 uninsured* dollars.

Part of CoPar's land is zoned Farm, and a part is zoned R1-R (2 acre lot, no sewer/water). All of the land is in a Comprehensive Plan area guided as residential which carries a density limit of 4.6 units per acre. The key legal issue is whether in Minnesota more restrictive zoning trumps a less restrictive Comprehensive Plan. According to Mr. Baker this is well established case law in many other states, but is muddy water in Minnesota.

Since the Planning Commission's decision is not final, but a recommendation to the City Council, the Council will make the final decision in a special meeting scheduled for May 5.


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* Mr. Ahl made the uninsured clarification later in the discussion.