Agenda - Planning Commission - 08/07/2003

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Page 2 -- July 10, 2003 {}4 Conditional Use -- Commission bases denial on excess traffic and noise Applicant argues proposed slaughterhouse will have little effect MINNESOTA (05/20/03) -- Yang applied for a Conditional use permit to erate a custom slaughterhouse. The Carver County Planning and Zoning Commission held public hear- ings on the application, ultimately denying it because of excess traffic and neighborhood disturbance concerns. Yang sued, arguing the commission acted arbitrarily. He pointed out the proposed slaughterhouse would generate less than 10 percent of the access road's 1,400-trip capacity. He also claimed the only neighbors affected would be a single residence and a steel scrap-yard that was. already frequented by 18- wheel trucks. DECISION: Reversed. The commission acted arbitrarily. The commission provided no independent analysis or statistics in support of its decision to reject Yang's intensity estimates as unrealistic underestimates. The only support for this decision was repeated statements that Yang's esti- mates appeared unreasonable. The commission also provided no explanation for its dec/s/on to class/fy both Friday and Saturday as weekend days or in finding intense weekend slaugh- ter will interfere with neighbors' enjoyment of the/.r property. Although Yang initially planned to operate on Sunday, he ageed not to do so at neighborhood request. Finat_ly, there was no explanation as to why a small slaughterhouse was disruptive in an apT/cultural district containing.feed.lots and a steel scrap-yard. The decision appeared Co be based on the possible concerns of future residents of unplanned homes on undeveloped neighborhood property. Citation: Yang v. County of Carver, Court of Appeals of Minnexota, No. C3-02- 1460 (2003). see also: Scott CounU Lumber Co. v. City of Shakopee, 417 N. W. 2d 721 (1988). see also: Corwine v. Crow Wing County, 244 N. W. 2d 482 (1976)). Variance -- Homeowner requests area variance Over half of neighborhood homes on substandard lots NEW YORK (05/19/03) ~ Prior applied to the Village of Huntington Bay Zoning Board of Appeals for an area variance. Under village law, the board was required to engage in a balancing test, weighing the applicant's benefit against the detr/ment to the health, safety, and welfare of the neighborhood. The board ultimately den/ed the variance. Prior sued, and the court ruled in his favor. The board appealed. DECISION: Affirmed.