08-22-1994 Council Packet - Laserfiche WebLink

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"the mininun practicable regulation [necessary] to acconplish the local authority's legitinate purpose." PRB-1 ^ 25. The city infonned Pentel that her application had been denied via a baro-bones letter that did not list any bases for the denial. Because the city council failed to make any factual findings,^ see White Bear Rod & Gun Club v. City of Hugo. 388 N.W.2d 739, 742 (Minn. 1986) (holding in a case reviewing a city council's denial of a special-use permit that a cryptic listing of reasons for the denial did not constitute factual findings) ; VanLandschoot v. City of Mendota Heights. 336 N.W.2d 503, 509 n.7 (Minn. 1983) (stating that variances and special-use permits are treated identically on judicial review) , we need not consider whether, if it had, such findings would be afforded preclusive effect here, see University of Tenn. v. Elliott. 478 U.S. 788, 797-99 (1986). Although the city failed to make any factual findings, the planning report and hearings suggest four potential justifications for the city's denial of Pentel's variance application. vje now turn to those justifications. First, the city had no reason to fear that the antenna would interfere with other residents' television and radio reception; the city's planning report states that Pentel was prohibited by the FCC from causing, and that she could lose her license if she failed to correct, such a problem. Second, the city expressed concerns about the tower's safety in light of the strong winds that frequent the Mississippi River valley. Pentel presented to the city the manufacturer's ^Mendota Heights, Minn., Zoning Ordinance § 5.5(5) (1981) states that the city council's action in denying a variance application "shall constitute a finding and determination by the City Council that the conditions required for approval do not exist." This conclusory language does not provide a court with any documented, enumerated factual findings to review. The city may have made factual findings for its purposes, but it has not for ours. -7-