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IAN TRAQUAIR BALL Attorney at Law 2116 Second Avenue South Minneapolis, Minnesota 55404 CONDITIONAL USE PERMIT/VARIANCE WORKSHOP I. CONDITIONAL USE PERMIT Definition: not defined in the municipal planning statutes. The Minnesota Supreme Court has defined conditional/ special use permits as follows: "{.conditional/special use permits) are designed to meet the problem which arises when certain uses, although generally compatible with the basic use classification of a particular zone, should not be permit- ted to be located as a matter of right in every area within the zone because of hazards inherent in the use itself or spe- cial problems which its proposed location may present." Zylka v. City of Crystal, 167 N.W.2d 45 (1969). Principal characteristics: (1) Underlying zoning district which establishes the con- ditional use. (2) Requirement of a permit approved by the local govern- ment. (3) Special permit conditions or standards which must be satisfied, in addition to other applicable zoning ordinance regulations. II. VARIANCE Definition: a variance is a legally permitted deviation from the literal requirement of the zoning ordinance. "Use" variances are not permitted in Minnesota; Minn. Stat. 462.357 Subd. 6(2) states as follows: "The board of appeals and adjustments or the governinG body 'as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone'where the affected person's land is located." Standard for variances: where the strict enforcement of the ordinance would cause: (1) undue hardship because of (2) circumstances unique to the individual property under consideration, and (3) when granting the variance will be in keeping with the spirit and intent of ~he zoning ordinance. (4) Conditions may be imposed in granting the variance to ensure compliance and to protect adjacent properties. "Undue hardship" means: (1) The property cannot otherwise be reasonably used without the variance; (2) the property owner's plight is due to circumstances unique to the property not created by the property owner; (3) the variance will not alter the essential character of the locality. IIL GENERAL GUIDELINES A. The zoning ordinance text should state the specific requirements that must be met for permit approval.