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allowed by the official controls". Until recently, lower courts in Minnesota had ruled that this <br /> hardship requirement was asking cities to determine if the variance request itself was reasonable <br /> and not asking if the overall use of the property was reasonable. That interpretation significantly <br /> changed when the Minnesota Supreme Court recently reviewed a case, Krumenacher v. City of <br /> Minnetonka, dealing specifically with a municipality's interpretation of this particular Statute. <br /> The Court found that cities must use the letter of the law when reviewing a variance request for <br /> finding an undue hardship. The letter of the law dictates that a city must be able to find that a <br /> property cannot be put to a reasonable use without the granting of the variance in order to legally <br /> grant a variance request. This decision substantively impacts the way cities throughout the State <br /> of Minnesota will review variance requests moving forward, and makes the granting of a <br /> variance much more difficult. <br /> Conditional Use Permits <br /> The zoning code lists the permitted, conditional, interim, and planned unit development uses as <br /> well as certain prohibited uses in each district. The ordinance must also establish what <br /> conditions or standards must be met to allow the conditional use. Conditional uses are a <br /> permitted use provided that the applicant can meet the conditions specified in the ordinance. <br /> Uses specified as conditional are uses, which are generally favorable and desired, but may also <br /> pose potential hazards or impacts that need to be mitigated; an example might be a school in a <br /> residential district. While the proposed use may be desirable, there may be extenuating impacts <br /> Y g p <br /> such as traffic and noise that need to be addressed. As a result of these potential impacts, <br /> p <br /> additional planning commission and council review is necessary, as well as the attachment of <br /> reasonable conditions,to mitigate these impacts. <br /> Section 1355.04 Subd 3 of the Arden Hills Zoning Code lists out the general criteria through <br /> g g <br /> which an application for a CUP must be reviewed in Arden Hills and in most cities. Paragraph B <br /> of this Section states: - <br /> "The Council shall consider the factual findings, conclusions and <br /> recommendations of the Planning Commission, as contained in its report, and <br /> both shall consider the effect of the proposed use upon the health, safety, <br /> convenience and general welfare of the owners and occupants of surrounding <br /> land, in particular, and the community as a whole, in general, including but not <br /> g g <br /> limited to the following factors: existing and traffic anticipated is <br /> p ff and parking <br /> conditions; noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid <br /> or solid waste, and other nuisance characteristics; population drainage; o ulation density; <br /> ty; <br /> visual and land use compatibility with uses and structures on surrounding land; <br /> adjoining land values; park dedications where applicable,icabl e, and the orderly <br /> y <br /> development of the neighborhood and the city within the p <br /> general purpose and <br /> g p <br /> intent of this Zoning Code and the Comprehensive Development Plan for the <br /> City " <br /> 4 <br />