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•1 CHAPTER 15 City of Maplewood v. Vallukas, In granting a variance,the city may attach conditions,but the conditions must 1997 WL 53031,CO-96-1468 be reasonable and bear some relationship to the purpose of the variance. (Mmn.Ct.App.Feb 11,1997). Mohler v.City of St.Louis Park, Broad discretion is permitted when denying a request for a variance, but there 643 N.W.2d 623(Mum.Ct. must be legally sufficient reasons for the denial. The Board must make App.2002). findings concerning the reasons for the denial or approval and the facts upon Nolan v.City of Eden Prairie, which the decision was based. The findings must adequately address the 610 N.W.2d 697(Minn.Ct. App.2000). statutory requirements. Graham v.Itasca County Planning Comm'n,601 N.W.2d 461 (Minn.Ct.App. 1999). In re Johnson,404 N.W.2d 298 An applicant for a variance is not entitled to a variance merely because (Minn.Ct.App 1987). similar variances were granted in the past. Stotts v, Wright County,478 N.W.2d 802(Minn.Ct.App. 1992). Mohler v.City of St.Louis Park, Error by city staff in approving plans does not constitute undue hardship 643 N.W.2d 623(Minn.Ct. within the meaning of the statute. While the result might be harsh, a App.2002). municipality cannot be estopped from correctly enforcing a zoning ordinance even if the property owner relied to his or her detriment on prior city action. Minn.Stat.§462.357,subd.6. No use variance may be granted if the use is prohibited in a zoning district. A Kismet Investors v.County of city may grant use variances when a use is not prohibited in the zoning Benton,617 N.W.2d 85(Minn. district,but the use is limited by another portion of the zoning ordinance. 2000). This means a small number of use variances are allowed under the Municipal Planning Act.The requirements of unusual hardship and other statutory requirements still apply to use variances. VIII. Permitted, accessory, and conditional uses A. Permitted uses Chase v.City of Minneapolis, Permitted uses are those uses that property owners have a right to engage in. 401 N.W.2d 408(Minn. 1981). It is generally arbitrary and unlawful to deny a building permit for a Rose CliffLandscape Nursery v. permitted use unless the zoning of the property is subsequently changed to City of Rosemount,467 N.W.2d prohibit that use. 641(Minn.Ct.App.1991). HANDBOOK FOR MINNESOTA CITES 15-19 This chapter last revised 1 2/1 512 004