09-20-2018 Council and Advisory Boards Joint Meeting Packet

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d. If the municipality concludes the conditional use peftnit standards in the ordinance are not met, the municipality must make written findings supporting any denial e. Any conditions imposed on the permit must have support or findings in the record or a court may fmd the condition itself to be arbitrary, capricious and/or unreasonable. f. Once issued, a conditional use permit is not a personal license, but rather, it is a property right that attaches to the land in question. In that regard cases say "it runs with the land." The CUP remains in effect so long as the conditions attached to it are complied with. See Minn Stat. § 462.3595; Dege v. City of Maplewood, 416 I.W. 2d 854 (Minn.1987); State v. Doty, 396 N.W. 2d 55 (Minn 1986) This means that transfer of ownership of the land does not affect the validity of the conditional use permit g. There is little law on the mechanics or grounds of revocation Because the CUP is a property nght, revocations should be based upon a substantial violations of the conditions. They must be proceeded by notice and hearing, according the permit holder adequate due process. For examples of court review of revocation decisions, see 1-4,dling v. Isanti County. 2006 WL 1806397 (Minn. App 2006); Axelson v Goodhue County Board of Commissioners, 2012 WL 3263901 (Minn. App. 2012); and the second Axelson case, Axelson v Goodhue County Board of Commissioners, 2015 WL 1514160 (Minn. App. 2015). These cases show that the courts apply the same basic principals to revocation proceedings that they do in other land use permitting cases. 7. Processing of Conditional Use Permits. a. By ordinance, the municipal body can deter nine whether it, a planning commission, or some other `designated authority" acts as the final authority on the conditional use peiuiits. b. A public hearing on a conditional use permit application must be held. However, there is no requirement that there be more than one public hearing c Like a variance, a certified copy of a conditional use petinit must be recorded with the county recorder or registrar of titles. C. Moratoria. Moratoria, or interim zoning, are two separate phrases for the same concept: A full or partial development freeze for a period of time while a municipality considers the 14