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2015 03-03 PC PACKET
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2015 03-03 PC PACKET
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2/11/2026 1:13:58 PM
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2/11/2026 1:13:25 PM
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Planning & Zoning
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ADM 00500
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PC MEETING
Destruction
PERMANENT
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B. Required approval <br />If a proposed conditional use.satisfies both the general :and specific standards set forth .in the <br />zoning ordinance, -the applicant is entitled to the conditional Use permit. Importantly, if the applicant. <br />meets the general and specific ordinance standards, the city usually has no legal basis for denying the <br />CUP. <br />C. Time flmits <br />A written request. for a. CUP is subject to Minnesota's 60-day rule,...and must be approved or <br />denied with in.60 days of the time it is submitted to the.city. A city may extend the time period .for an <br />additional 60 days, but only if it:does so. in writing before expiration of the initial 60-day period.. Under <br />the 60=day rule, failure to approve of deny a request within the statutory time period is considered an <br />approval. <br />D. Other conditions on permits <br />1. Permitted <br />Reasonable conditions relating.to the ordinance. standards may be attached to a CUP based <br />upon factual evidence contained in public record. For example,.if a zoning ordinance provides that..a <br />conditional use should not have: adverse visual or noise impacts on any adjacent property, a city might <br />require sp.ecificscreening and landscaping conditions to address any potential' impacts established in the <br />record. <br />2. Not permitted <br />State statute provides that a CUP remains in effect as.long as the. conditions agreed upon are <br />observed. The attorney:generaI has found that time lirni.tssuch as sunset. provisions. orautomatic annual . <br />review are not consistent with state law, explaining that cities`may not enact or enforce provisions that <br />aIlow a city to term.ioate.CUPs without regard to whether or.not .the conditions agreed up.an are <br />observed, <br />ff a city wishes to place time constraints on particular uses, then the appropriate zoning tool is <br />an interim. use permit, rather than a conditional use permit. State law. authorizes.interim use permits for <br />.a temporaryuse of property until a particular date, until the occurrence of a particular event, or until <br />zoning regulations no longer permit it; <br />IV. Public hearings <br />A propose d.conditionaI use is aIlowed :only after a statutorily required public hearing, The city <br />must provide. published notice. of the time; plate, and purpose of..the hearing on a. proposed CUP at least <br />10 days prior to the day of the hearing. if the decision affects an area of five: acres or less; the city may <br />need to mail notice to property owners within a 350-foot radlus of the land in:question. The purpose. of <br />the public hearing is to help develop a factual record as .to whether the applicant meets the relevant <br />ordinance standards such that the CUP should be granted.. <br />A. City role in hearing. <br />A:city exercises so-called. "quasi-judicial" authority when considering a CUP application. This <br />means that the city's role is limited to applying the standards in the ordinance to the facts presented by <br />the application. The city acts:like.a judge in:evaIuating the facts against the standards. if the applicant <br />meets the standards, thenth e CUP shouId. be granted. In contrast, when the city in zoning ordinance <br />designates certain uses as conditional, the city is exercising "legislative authority and has much broader <br />discretion. <br />
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