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CHAPTER 14 <br />Mohler v. City of St Louis Part; <br />Error by city staff in approving plans does not constitute undue hardship <br />643 N.W.2d 623 (Minn. Ct. <br />entitling a person to a variance. While the result might be harsh, a <br />App. 2002),. <br />municipality cannot be estopped from correctly enforcing a zoning ordinance <br />City ofRosemount, 467 N.W.2d <br />even if the property owner relies to his orher detriment on prior city action. <br />Minn. stat. § 462.357, subd. 6. <br />No use variance may be granted if the use is prohibited in a zoning district: A <br />Kismetlnveslors v. County of <br />city may grant use variances when a use is not prohibited in the zoning <br />Benton, 617 N.W.2d 85 (Minn. <br />district, but the use is limited by another portion of the zoning ordinance. The <br />2000). <br />requirements of unusual hardship and other statutory requirements still apply <br />to use variances. <br />C. Specific uses <br />1. Permitted uses <br />Chase v. City ofMinneopolir, <br />Permitted uses are those that the zoning ordinance allows. It is generally <br />401 N.W.2d 408 (Minn. 1981). <br />arbitrary and unlawful to deny a building permit for a permitted use unless <br />Rase Cip'Land:o.Pe xursery v. <br />the zoning of the property is subsequently changed to prohibit that use. <br />City ofRosemount, 467 N.W.2d <br />specifies) are met. The city must grant the conditional use permit (CUP) if the <br />(,41 (Minn. Ct. App. 1991). <br />applicant satisfies all the conditions. Conditional uses remain in effect <br />2. Accessory uses <br />Stodola v. City of Orono, 1994 Accessory uses are those uses that cannot stand alone and must be <br />WL 27290Q 02.93accompanied by a principal, permitted use. For example, a garage may be an <br />(Mina Ct. App. 1994).94). <br />accessory use in a residential area. <br />14:20 <br />This chapter last revised 1212008 <br />HANDBOOK FOR MINNESOTA CITIES <br />3. Conditional uses <br />Minn. star. § 462.3595. <br />Conditional uses are those activities that the zoning ordinance permits if <br />Mina Stat. § 4623595, sub& 2. <br />certain conditions (that the council determines or the zoning ordinance <br />specifies) are met. The city must grant the conditional use permit (CUP) if the <br />applicant satisfies all the conditions. Conditional uses remain in effect <br />indefinitely as long as the use complies with the conditions. Note: Before a <br />CUP is granted, a city must provide notice and a public hearing. A notice of <br />the time, place and purpose of the hearing must be published in the official <br />newspaper of the municipality at least ten days prior to the day of the hearing. <br />A certified copy of the CUP must be recorded with the county recorder or the <br />registrar of titles, and must include a legal description of the land. <br />Trisko v. City of Waite Park, <br />An applicant for a CUP is entitled toonewhen the controlling land use <br />566 N.W.2d 349 (Minn. Ct. <br />App.1997). <br />ordinances authorize the use, and there is evidence of the need for the permit. <br />Neighborhood opposition, alone, does not authorize the rejection of an <br />application for a CUP. <br />In reLivingood, 594 N.W.2d <br />When a local government denies a landowner a CUP without sufficient <br />889 (Mim.1999). <br />evidence to support its decision, a court can order the issuance of the permit <br />subject to reasonable conditions. <br />14:20 <br />This chapter last revised 1212008 <br />HANDBOOK FOR MINNESOTA CITIES <br />