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1 . The granting of a conditional/spccial use pcmiit is a quasi-judicial <br />determination. <br />2. Standard of review is the same as a rezoning: is the zoning auihorii>'s <br />action reasonable, is there a rational basis for the decision? However, in <br />the granting or denying of a special or conditional use permit, the <br />inquiry is more judicial in character since the zoning authorit> is <br />applying specific use standards set by the zoning ordinance: <br />In other words, in legislative zoning, the <br />municipal body is formulating ^ blic <br />policy, so the inquiry focuses on whether <br />Lhe proposed use promotes the public <br />welfare. In quasi-judicial zoning, public <br />policy has already been established and the <br />inquiry focuses on whether the proposed <br />use is contrary to the general welfare as <br />already established in the zoning ordinance. <br />Consequently, the reviewing courts, in <br />determining what is reasonable, should <br />keep in mind that the zoning authority is <br />less circumscribed by judicial oversight <br />when it considers zoning or rezoning than <br />when it considers a special permit or a <br />variance. <br />Hnnn v City of Coon Raoids. 313 N.W.?d 409 (Minn. 1981) at 417. <br />See also f^yper America Group. Inc, v. CiO’ Pf Liflle Canada. 539 <br />N.W. 2d 264 (Minn. App. 1995). review denied; SL_CI212 <br />nevelonmeni Inc v Citv' of Annie Vallev. 446 N.W.2d 392 (Minn. <br />App. 1989). pet. for rev. denied; Nonhoointe Plaza v. Cit\_of <br />Rochester. 465 N.W.2d 686 (Minn. 1992). <br />Rezoning is lujislative in nature. A conditional use permit is <br />quasi-judicial in nature. <br />3. Denial of a special use permit is arbitrary if it is esublished that all <br />standards specified by the ordinance as a condition of granting the permit <br />have been met. Hav v. Township of Grow. 206 N.W.2d 19 (1973): <br />7vlka V. Citv of Crv'Stal. 167 N.W.2d 45 (Minn. 1969). <br />490WBDM