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Planning Commission recommendations great weight in their considerations, but is not bound by _ <br /> them. <br /> In Arden Hills, as in most municipalities, the Planning Commission also acts as the Board of <br /> Zoning Adjustment and Appeals. It is in this capacity that the Planning Commission hears <br /> requests for variances from the zoning code and makes a recommendation to the City Council to <br /> grant or deny the variance. Additionally, the Board of Appeals and Adjustment hears requests for <br /> reconsideration of zoning applications or staff decisions, where it is alleged there has been an <br /> error in the administration of the zoning ordinance. In some cities, the City Council has <br /> delegated decision-making authority to the Planning Commission for variances. <br /> Legislative versus Quasi-Judicial Decisions <br /> Making Law <br /> Cities have a wide range of discretion in developing a zoning ordinance and comprehensive plan <br /> because it is in this capacity that a city is exercising the powers that the Municipal Planning Act <br /> has granted. The adoption or amendment of a zoning ordinance is considered a legislative <br /> decision of the city council, which includes the function of making the law for the city. Courts <br /> generally give legislative decisions made by a city great deference and weight; however, the <br /> court will on occasion set aside or intervene in city zoning decisions if two important <br /> constitutional restraints in the federal and state constitution are violated. <br /> First, the courts may overrule a city zoning decision when it determines that a zoning ordinance <br /> is unsupported by any rational basis related to promoting public health, safety, morals, or general <br /> welfare. This is known as the "rational basis standard" and it generally a very friendly standard <br /> for cities to meet. In instances where the court overrules a city's decision, the court usually will <br /> find that the city's actions were arbitrary and/or capricious. Second, when a zoning ordinance <br /> denies the landowner practically all reasonable use of the land, resulting is a"taking" of the land <br /> without just compensation; the court may order the city to pay compensation to the affected <br /> landowner. <br /> Applying Law <br /> When drafting and adopting a zoning ordinance, cities have enormous discretion in choosing <br /> their language and specifying uses as permitted, prohibited or conditional in each zoning district. <br /> When using its legislative authority, the only limits on the city's zoning authority are that action <br /> must be constitutional, rational and in some way related to protecting the health, safety and <br /> welfare of the public. <br /> In contrast, when administering an existing zoning ordinance by way of reviewing a land use or <br /> building permit application the city's discretion is much more limited. Generally, when <br /> reviewing a land use application, with the exception of zoning or comprehensive plan <br /> amendments, the city is no longer acting in its legislative capacity. When reviewing land use <br /> 2 <br />