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4. A conditional use permit may be denied on the basis that it is in conflict <br />with the comprehensive plan. Hubbard Broadcasting. Inc, v. City of <br />Afton. 323 N.W.2d 757 (Minn. J982); BBY Investors v. Citv of <br />Maplewood. 467 N.W.2d 631 (Minn. App. 1991). <br />5. Where no standards are provided in the ordinance, the decision on the <br />application should be accompanied by fmdings of fact specifying <br />reasoning on which decision was based. If no findings are made, a <br />prima facie case of arbitrariness is established. Zvika v. Citv of Crystal . <br />167 N.W.2d 45 (Minn. 1969). <br />6. The reviewing coun will assess the legal sufficiency of the reasons given <br />by the cit>' and determine whether, if legally sufficient, they had a facnial <br />basis in the record. Trisko v. Citv of Waite Park. 566 N.W.2d 349 <br />(Minn. App. 1997). review denied; C.R. Investments. Inc, v. Village <br />of Shoreview. 304 N.W.2d 320 (Minn. 1981). <br />7. The appellate courts will review the decision of the cit>* council <br />independent of the fmdings and conclusions of the district court. <br />Northwestern College v. Citv of Arden Hills. 218 N.W.2d 865 (Miim. <br />1979). <br />G. Variances. A variance permits a particular propeny to be used in a manner <br />oiherw ise forbidden by the ordinance by varying one or more of the <br />performance standards of the ordinance, such as lot area, setbacks, lot width or <br />depth. Zvika V. Citv ofCr\stal. 283 Minn. 192. 167 N.W.2d 45 (1969). <br />There is a statutorv- test of "undue hardship" which must be met. Miim. Stal. § <br />462.357. subd. 6(2) states: <br />Undue hardship . . . means the property in question <br />cannot be put to a reasonable use if used under conditions <br />allowed by the ofrlcial controls, the plight of the <br />landow ner is due to circumsunces unique to the property <br />not created by the landowner, and the variance, if granted, <br />will not alter the essential character of the locality. <br />This test was liberally construed on behalf of the applicant in Rowell v. Board <br />of Ad|U5tment. 446 N.W.2d 917 (Minn. App. 1989) and in Saystetter v. Citv of <br />St. Paul. 529 N.W.2d 488 (Minn. App. 1995). Most public planning staff, <br />planning commissions and governing l^ies still believe that the government <br />may only legally grant variances if a very narrow and difficult test is met by the <br />490MBOM