Laserfiche WebLink
<br />Page 6 of 10 <br /> <br />ill ill On a writ of certiorari, our review is limited to determining whether a county board of <br />commissioners had jurisdiction; whether its proceedings were fair and regular; and whether its <br />decision was unreasonable, without evidentiary support, or based on an incorrect theory of law. <br />BECA of Alexandria, L.L.P. v. Countv ofDouf!las, 607 N.W.2d 459, 462 (Minn.Aoo.2000). Because <br />local officials have broad discretion in deciding whether to grant or deny a proposed land use, we <br />give great deference to their land-use decisions and will reverse only in rare instances where the <br />decision lacks a rational basis. SuperAmerica Group, Inc. v. Citv of Little Canada, 539 N.W.2d 264, <br />266 (Minn.AQI1.1995) , review denied (Minn. Jan. 5, 1996). A decision lacks a rational basis if it is <br />unsupported by substantial evidence in the record, premised on a legally insufficient reason, or based <br />on subjective or unreasonably vague standards. See C.R. Invs" Inc. v. Viii. of Shoreview, 304 N. W.2d <br />320,324-25 (Minn.198]) ; BECA, 607 N.W.2d at 463: Hurrle v. Countv of Sherburne, 594 N.W.2d <br />246, 249 (Minn.App.1999) ; Good Value Homes, Inc. v. Citv of Eaf!an, 410 N.W.2d 345. 348 <br />(Minn.Ago.1987) . <br /> <br />I. <br /> <br />ill PTL first argues that the board of commissioners exceeded its authority by denying its application <br />for approval of a permitted use on the basis that the proposed development was incompatible with <br />existing land uses and not well planned. Alternatively, PTL argues that the board's determination that <br />the proposed development is incompatible with existing land uses and poorly planned lacks <br />evidentiary support. We agree that the board exceeded its authority in denying PTL's application for <br />preliminary-plat approval and that its denial, therefore, was unreasonable. <br /> <br />Ii! ill Under Minnesota law, when an ordinance specifies minimum standards to which subdivisions <br />must conform, local officials lack discretionary authority to deny approval of a preliminary plat that <br />meets those standards. Chanhassen Estates Residents Ass'n v. Citv ofChanhassen, 342 N.W.2d 335. <br />340 (Minn.1984) ; Nat'l Caoital Corp. v. Viii. of Inver Grove Heif!hts, 301 Minn. 335, 337, 222 <br />N.W.2d 550, 552 (1974); Hav v. Township of Grow, 296 Minn. L 5. 206 N.W.2d 19,22 (1973); <br />Good Value Homes, 410 N.W.2d at 348: Odell v. Citv of Eaf!an, 348 N.W.2d 792, 796 <br />(Minn.Apo.1984) ; see also Laurie Reynolds, Local Subdivision Ref!Ulation: Formulaic Constraints in <br />in an Af!e of Discretion, 24 Ga. L.Rev. 525, 530 & n. 24 (1990) (noting that a majority of states, <br />including Minnesota, adhere to the rule that loc~1 governments have no discretion to deny subdivision <br />approval to proposed plats that conform to the specific prerequisites of a subdivision ordinance). <br />Because a "permitted use" is a use that may be lawfully established if it conforms to the *572 <br />specified reguiatory standards, a local government reviews an application for a permitted use to <br />determine only whether the proposed use complies with those standards. Chanhassen Estates, 342 <br />N.W.2d at 340: Chase 1'. Citv ofMil1l1eaoolis, 401 N.W.2d 408, 413 (Minn.Apo.1987) . <br /> <br />**4 The Chisago County Zoning Ordinance expressly authorizes single-family dwellings in <br />agricultural districts at a maximum density of one dwelling per five-acre lot. Chisago County, Minn., <br />Zoning Ordinance S 5.06(B)(l0) (1997). The ordinance requires a 300-foot-minimum lot width and a <br />minimum buildable area of one acre.ld. S 5.15. <br /> <br />PTL sought approval to subdivide the land into 14 five-acre lots, each with a 300-foot-minimum <br />width and a minimum buildable area of one acre, to be used for single-family dwellings. Because <br />PTL's preliminary plat proposed a permitted use, the board of commissioners' authority was limited to <br />reviewing PTL's application to determine only if the preliminary plat complied with the standards the <br />zoning and subdivision ordinances prescribe for single-family dwellings in an agricultural district. <br /> <br />.. ./delivery.html?dataid=A005580000004] 91 0003939398B92C3E6DED02C543&dest=atp&f 3/25/2003 <br />