06-18-2001 Planning Packet - Laserfiche WebLink

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ordinances are drafted by the city to impose almost impossible tests that the applicant must meet. You should not assume that a unique and onerous test is necessarily a valid one. You should review the case law to determine which tests may not be legal and so argue to the city and reviewing court. This is especially true if the standards are those which have already been addressed in state law. Usually, state law standards preempt the right of the city to adopt similar standards on the same subject. Welsh v. City of Orono 355 N.W.2d 117 (Minn. 1984.); NSP v. City of Granite Falls 463 N.W.2d 541 (Minn. App. 1990), review denied; Crooks Township v ValAd Cn 504 N.W.2d 267 (Minn. App. 1993); Canadian Conneaion v. New Prairie J p 581 N.W.2d 391 (Minn. App. 1998). review denied. The city will frequently seek to impose off-site conditions of approval such as right of way dedications, road upgrading, etc. These special type of conditions are frequently found to be illeg^. especially in other sutes, and the validity of each such proposed special condition should be legally researched based upon the facts of the each r‘»sc. Frequently, the applicant agrees to such conditions to ensure approval, and eliminate the need for costly litigation and delay. As can be expected with such subjective performance standards, there have been numerous judicial decisions relating to the validity and interpretation of such standards. See annotations to Minn. Siat. §462.3595. The city council may grant a variance to the listed performance standards based upon the standards for the granting of a variance listed in the zoning ordinance. In the event that the use requested is neither a permined nor conditional use in the zone or use district, the applicant can apply for a rezoning to a zone or use district in which it is a permitted or conditional use or request that the city amend its zoning ordinance to allow the use as a permitted or conditional use in the zoning or use district where the property' is located. If the development of the property requires a subdivision of the property, then the applicant must also comply with the subdivision ordinance. Minn. Stat. § 462.3595. subd. 4 requires that the conditional use permit be filed by the City with the county recorder or registrar of titles in order to place subsequent buyers on notice. The general legal principles apphed on appeal of a conditional use permit are as follows: 40010 BD.M