Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: See Section V -C, 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 V- C -3 -d, 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). Minn. Stat. § 462.3595. Minn Stat. § 462.3595, subd. 2. Schwardt v. County of Watonwan, 656 N.W.2d 383 (Minn. 2003). Yang v. County of Carver, 660 N.W.2d 828 (Minn. Ct. App. 2003). Citizens for a Balanced City v. Plymouth Congregational Church, 672 N.W.2d 13 (Minn. Ct. App. 2003). Trisko v. City of Waite Park, 566 N.W.2d 349 (Minn. Ct. App. 1997). 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 rigjht 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. The city must grant the CUP if the applicant satisfies all the conditions established in the ordinance. A city may deny a CUP if the proposed use: League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 31