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

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13 definitively decided by the Supreme Court last year in RDNT v. City of Bloomington, 861 N.W. 2d 71 (Minn. 2015), which indicated there was no duty to suggest or impose such conditions. However, the RDNT Court did indicate that if the applicant proved that by imposing reasonable conditions the standards of the ordinance would be met, then “it follows” that to deny the permit application would be arbitrary and capricious. Id., at 78. 5. Amendment of Conditional Use Permits. a. The same procedure should be used for an amendment to a conditional use permit as is used for the initial granting of such a permit. In other words, notice to the general public written notice to certain landowners, and the general conduct of the hearing. b. When considering an amendment to a conditional use permit, a municipality may not add conditions that have no relationship to the sought after amendment. See Minnewawa Sportman’s Club v. County of Aitkin, 2008 WL 314495 (Minn. App. 2008). In other words, the amendment process is not allowed to be used for adding conditions that the City or County, in hindsight, wish they had imposed when the original conditional use permit was granted. c. In general, a municipality may not unilaterally amend a conditional use permit without the permit holder’s agreement. See Upper Minnetonka Yacht Club v. City of Shorewood, 770 N.W. 2d 184 (Minn. App. 2009). But, when a County chose to amend a conditional use permit as an alternative to revoking the permit, the Court upheld that amendment in Delanghe v. Lyon County, 2011 WL 3795146 (Minn. App. 2011). See also Axelson v. Goodhue County Board of Commissioners, 2012 WL 3263901 (Minn. App. 2012)(suggesting amending the permit as an alternative to revocation). 6. Legal Principles. a. The granting of a conditional use permit is a quasi-judicial act. A decision to deny a permit will be overturned only if it is found to be arbitrary, capricious and/or unreasonable. b. Some courts characterize the standard of review as one of “reasonableness.” c. If standards in the ordinance are met, the municipality has no discretion in the issuance of the permit.