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KENNEDY & GRAVEN <br /> CHARTERED <br /> Aeawneys at Law L <br /> 470 P� Minneapolis,Caster, MinnesMinnesota55402nnota am AL WISZTIEDM <br /> Rostts A.AL9of (61Z)337-9300 Borate L wRLZII1s <br /> 41M.BAI7Sesox JOE Y.'UricS.Um Facsimile(612)337-9320 — <br /> J.Amu.8 Dux DAvto L.GRAvnr 0, If1) <br /> DANms J.GRffi4SWDG — <br /> DAVAA3.XEXNEDY <br /> f A v,ES y LEE1vves ar ommm <br /> Joarz M_LEFEva&JR. WRITER'S DIZEGT DIAL Rom=C CARLsox <br /> aosur J.L ULL itOeERT L.DAvmsox <br /> Roszsr C.Lox* 337-9202 Wauxac70N 8.L&W <br /> • Flora 8,oLsox <br /> JAMES M.51toMXM Moms A,FLAMM <br /> Connor a THOMsox T.JAY SAL3dx <br /> August 30, 1996 <br /> Pam Sheldon <br /> Community Development Director <br /> City of Mounds View <br /> 2401 Highway 10 <br /> Mounds View, MN 55112 <br /> RE: Legal Opinion on Planning Commission and City Council Discretion and <br /> Procedures in Considering Conditional Use Permits and Variances <br /> Our File No. MU125-47 <br /> Dear Pam: <br /> . Issues: You have asked for a legal opinion on the following three issues: <br /> 1. What procedures should the Planning Commission follow, and what is the role <br /> of the City Council, in the issuance of a conditional use permit? <br /> 2. What procedures should the Pls3niing Commission follow, and what is the role <br /> of the City Council, in the granting of a variance to the zoning code? <br /> 3. Does the Planning Commission and the City Council retain their discretion to <br /> grant or deny conditional use permits and variances regardless of the actions <br /> undertaken by the applicant prior to a public hearing and decision of either <br /> th _Commission orthe City_Caunc�7? <br /> Answers: <br /> Issue No. 1: Pursuant to section 1125.01 of the Mounds View Municipal Code (the <br /> "Code"), an application for a conditional use permit is referred to the City staff for <br /> a report and recommendations to be presented to the Planning and Zoning Commission <br /> (the "Planning Commission") and the staff reports and recommendations are to be <br /> made part of the permanent written record of the PlAnning Commission. The <br /> PIRn*ting Commission shall then exercise its discretion and judgment to consider the <br /> possible adverse effects of the proposed conditional use permit and its judgment shall <br /> be based upon (but not limited to) the following factors: <br /> (1) Relationship to Municipal Comprehensive Plan. <br /> • (2) The geographical area involved. <br /> m:1.109523 <br /> xas.2s-t7 <br /> b'/Z 39ttd 0 t esccez I9'Q I N3Att2i9 '8 AQ3NN3M:WO2i3 8Z= S t 9S-0E-onv <br />