Laserfiche WebLink
RELEVANT LINKS: <br /> B. Role of neighborhood opinion <br /> Neighborhood opinion alone is not a valid basis for granting or denying a <br /> CUP. While city officials may feel their decision should reflect the overall <br /> preferences of residents, their task is limited to evaluating how the CUP <br /> application meets the ordinance standards. Residents can often provide <br /> important facts to help the city address whether the application meets the <br /> standards, but unsubstantiated opinions and reactions to an application do <br /> not form a legitimate basis for a CUP decision. If neighborhood opinion <br /> serves as the sole basis of the decision, it could be overturned by a court if <br /> challenged. <br /> C. Documentation of hearing <br /> See LMC information memo, Whatever the decision, a city should create a record that will support it. If a <br /> 1aklng the M.Iveiy ont of <br /> a lncjlr, 5 ell act. city denies a CUP application, the 60-day rule requires the reasons for the <br /> denial be put in writing. Even if a city approves a CUP, a written statement <br /> explaining the decision is advisable. The written statement explaining the <br /> decision should address the general and specific ordinance standards, and <br /> explain the relevant facts and conclusions. <br /> V. Conditional use permit after issuance <br /> Minn. Stat.§462.3595,surd. A conditional use permit is a property right that"runs with the land" so it <br /> attaches to and benefits the land and is not limited to a particular landowner. <br /> Minn.Stat.§462.3595,surd. State statute requires that CUPs be recorded with the county recorder's <br /> 4. office. When the property is sold, the new landowner will have the <br /> continued right to the CUP so long as the conditions are met. <br /> A city can revoke a conditional use permit if there is not substantial <br /> compliance with conditions, so long as the revocation is based upon factual <br /> evidence, after appropriate notice and hearing. Because a CUP is a property <br /> right, a city should work closely with the city attorney if considering a CUP <br /> revocation. <br /> VI. Further assistance <br /> Jed Burkett LMCIT offers land use consultations, training and information to members. <br /> 651.281.1247 <br /> jbmkett(aLme.org Contact the League's Loss Control Land Use Attorney for assistance. You <br /> G.eayue ol'NGirnrnesota Cities. can also learn more about land use issues in the land use section of the <br /> League's website. <br /> League of Minnesota Cities Information Memo: 11/15/2017 <br /> Land Use Conditional Use Permits Page 4 <br />