My WebLink
|
Help
|
About
|
Sign Out
Home
2015 05-05 PC PACKET
GemLake
>
PLANNING
>
PACKETS
>
2010 - 2019
>
2015
>
2015 05-05 PC PACKET
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
2/11/2026 1:15:41 PM
Creation date
2/11/2026 1:14:59 PM
Metadata
Fields
Template:
Planning & Zoning
Code
ADM 00500
Document
PC MEETING
Destruction
PERMANENT
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
20
Show annotations
View images
View plain text
13..Required approval <br />Ifa proposed conditional use satisfies both the general and specific standards set forth fn the <br />zoning ordinance, the applicant is entitled to the conditional use permit. Importantly, if the applicant <br />meets thegerieral and specific ordinance standards, the city usually has no legal. basis.fordenying the. <br />.CUP. <br />C. Time. limits <br />A written request for a CUp is subject to Minnesota's 60-day:rule, and Must be approved or <br />deified wi.thln 50 days of the. -time it is submittetl.to the city. A city may extend the time period for an <br />additional*60.days, butdnly if it does.so 16 writing before expiration of the initial 60-day period. Under <br />thb-60-day fule,hilure to approve or 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 relatirtgto the:ordinangestanciards maybe attached to a CUP*based <br />wpon factual evidence. contained In public record: For example, if a zoning ordinance provides that a <br />conditional use should riot have adverse --visual or noise impacts on any adjacent property, a city might <br />require specific screening and landscaping-.conditioris to address any potentiai impacts established in the <br />record. <br />2, Not permitted <br />State statute provides that a CUP remains in effect as brig as the conditions agreed. upon are <br />observed. the attorney general has founts that time limits such as sunset provisions or automatic annual <br />review are not consistent with state law, explaining that cities may not enact or enforce. provisions that <br />allow a city -.to terminate CUPs without regard to whether o.rnot the conditions agreed upon are <br />observed. <br />If a city wishes to place: time tonstra lbts:dn partllrulalr 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 tempora.ry:us.e of property until a. pai'tieular date, until the occurrence of a particularevent,.oruntil <br />zoning regulations no longer permit it. <br />IV. Public-h6arirtgs <br />A proposed conditional rase is. allowed only after 4statutorily required public hearing. The city <br />must provide -published notiteW the time, place, and.purpose of -the hearing arf a proposed .CUP. at least <br />10 daysprior to the day of the hearing, If the decision -affects an area -of `five acr s.or. less, the city may. <br />need to mail notice.to.propertyowners within a 350400t.-radius of the land in question. The purpose.of <br />the -public hearing is to help develop a factual record asto-whether the applicant meetsthe relevant <br />ordinance standards such that the CUP should be granted. <br />.A. City role in hearing. <br />A city exerclses:so-called "quasi-judicial" authority. when considering a CUP application. This <br />rneans that:the city.`s role is limited to applying the standardsin the ordinance to the facts presented by <br />the application. The cityacts`like a fudge in evaluating the facts*agoinst the standardt.-If the applicant <br />meets the standards, then the CUP should be granted. In contrast, when the city in zoning grdinance <br />designates certain uses as conditional, the city is exercising "legislative." authority and. -has much broader <br />discretion. <br />
The URL can be used to link to this page
Your browser does not support the video tag.