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

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Kismet Investors v. County of Benton, 617 N.W.2d 85 (Minn. 2000) Minn. Stat. § 462.357, subd. 6(2) Minn. Stat. § 462.357. Minn. Stat. § 462.358, subd. 2a. Minn. Stat. § 15.99. Minn. Stat. § 462.357, subd. 4. See Part III, The 60- day rule Sun Oil Co. v. Village of New Hope, Minn. N.W.2d 256 (Minn. 1974). A use variance may not be granted if the use is prohibited in a zoning district. This may occur when the local zoning ordinance specifically lists prohibited uses (such as industrial uses in a residential zone) or when a zoning ordinance lists permitted uses and states that all uses not specifically listed are considered prohibited. A city may grant a use variance when a use is not prohibited in the zoning district. For example, the zoning ordinance is silent on the issue or when the use is explicitly allowed, but limited by another portion of the city ordinance. For example, when a permitted use cannot meet performance standards elsewhere in the ordinance (such as parking or screening). The requirements of unusual hardship and other statutory requirements still apply to use variances. Finally, state statute create two use variances that a city may always choose (but is not required to) permit through a variance. State statute specifically empowers cities to grant use variances for solar energy systems where a variance is needed to overcome inadequate access to direct sunlight and for the temporary use of a single family residence as a two-family residence. e. Requests for rezoning or zoning ordinance amendments Cities have the authority to rezone (change a designation from residential to mixed commercial) or otherwise amend the zoning regulations governing a particular parcel of property (such as adding a permitted or conditional use). Note however, that rezoning is an amendment to the actual zoning ordinance and therefore all the procedures for amendments to the zoning ordinance apply. Rezoning may be initiated by the planning commission, council, or a petition by an individual landowner. If a request for rezoning does not come from the planning commission, the matter must be referred to the planning commission for study and report. Care should be taken so that the 60-Day Rule discussed previously is not violated, resulting in an automatic granting of the rezoning. Rezoning is a legislative act and needs only to be reasonable and have some rational basis relating to public health, safety, morals, or general welfare. A rezoning decision must be supported by findings of fact that indicate the city's rational basis for the rezone. If the city has followed a comprehensive planning process, the findings of fact should also indicate that the decision is consistent with the city's comprehensive plan. 40 LEAGUE OF MINNESOTA CITIES