03/10/2021 P&Z Packet - Laserfiche WebLink

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11 department, board or commission of the jurisdiction or of the state can appeal. The statute also gives the right to appeal to “any aggrieved person.” f. The process for initiating a case in district court for review of a decision on a variance has been argued over for some time. In a county case, it was definitively decided in 2013 that even though the statute identifies the judicial review as an ‘appeal” that you initiate the case just as any other against a County: by personally serving the Chair of the County Board of Commissioners or the County Auditor. See In re Application of Skyline Materials, Ltd., 835 N.W. 2d 472 (Minn. 2013). For a city, that would mean serving the chief executive officer or the clerk. B. Conditional Use Permits. 1. Conditional Use Permits in General. a. Conditional use permits (CUP’s) give a municipality flexibility and discretion designed to meet the problem which arises where certain uses, although generally compatible with the basic use classification of a particular zone, should not be permitted to be located anywhere as a matter of right. b. Conditional use designations are appropriate in situations where specific uses, while considered essentially desirable to the community, should not be absolutely authorized without consideration of such issues as current and anticipated traffic congestion, pollution issues, smell, population density, noise, effect on adjoining land values, or any other considerations involving public health, safety or general welfare. c. Contrast this with permitted uses which are absolutely allowed in a district. 2. A Zoning Ordinance Must Contain the Standards to Consider in Granting or Denying a Conditional Use Permit. a. When a district court reviews a conditional use permit decision, the court will refer directly to the standards and criteria in the ordinance in reviewing the decision. b. Minn. Stat. § 462.3595 states that the applicant bears the burden of proof to show an entitlement to a CUP by showing “the standards and criteria stated in the ordinance will be satisfied.”