Agenda - Planning Commission - 06/02/2011 - Special Jt Mtg w CC

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See Section III -A Establishing permitted and conditional uses. See Section VC Standards of reviewing zoning applications: limits on city discretion. Minn. Stat. § 462.357, subd. 6; Sunrise Lake Ass 'n v. Chisago County Bd. of Comm 'rs, 633 N.W.2d 59 (Minn. Ct. App. 2001) See Section VC3d Requests for variances from the zoning ordinance. Amoco oil Co. v. City of Minneapolis,. 395 N.W.2d 115 (Minn. Ct. App.,1986); Zylka v. City of Crystal, 167 N.W.2d 45 (Minn. 1969). See Sample resolution granting a CUP See Sample resolution denying a CUP Minn. Stat. § 462.3595 Zylka v. City of Crystal, 167 N.W.2d 45, (Minn. 1969) Cities should regularly review their permitted uses to be certain that the listed permitted uses fit current city needs and circumstances. Permitted uses that may have previously been standard (such as carriage houses in residential districts), may be inappropriate on a modern city, residential block. As time passes, permitted uses may need to be reclassified as prohibited uses or transformed into conditional uses, where conditions may be imposed to prevent any negative secondary effects. b. Prohibited uses Cities may receive applications requesting permission to engage in uses explicitly prohibited under the city's zoning ordinance. For example, a request to engage in industrial activities in a commercial zone. When a use is prohibited, the city cannot allow the use unless an amendment to the city's zoning ordinance is adopted in accordance with the procedures of the Municipal Planning Act. Cities are prohibited from granting variances or conditional use permits to engage in prohibited uses. c. Conditional use permits The concept of a conditional use permit (CUP) was created to give cities more flexibility in zoning ordinance administration. Generally, conditional uses are uses that are often too problematic to be permitted uses as of right in a district. However, since the use is still generally favorable or necessary, outright prohibition of the use is generally not practical or desired. A classic example of such a mixed positive/negative use is a gas station in a residential area. Conditional uses seek to strike a middle ground between outright, unchecked permissive establishment and complete prohibition. Conditional uses are uses that will be allowed if certain conditions (that minimize the problematic features of the use) are met. Cities must specify conditional uses in a city ordinance. Generally, a list of conditional uses will be found alongside the permitted uses in a city ordinance. The ordinance must also establish what conditions or standards must be met to allow the conditional use. Ordinances that fail to establish standards for granting the listed conditional uses are problematic and potentially invalid. 36 LEAGUE OF MINNESOTA CITIES