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PL PACKET 03212006
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PL PACKET 03212006
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Last modified
4/20/2016 12:57:50 PM
Creation date
4/19/2016 4:26:51 PM
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SP Box #
33
SP Folder Name
PL PACKETS 2005-2011
SP Name
PL PACKET 03212006
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CHAPTER 15 • <br /> Minn.stat.§326.921. However, there are state restrictions on the issuance of building permits and <br /> land use permits. Building permits, in cities that have adopted the uniform <br /> building code,cannot be issued to contractors who are not licensed by the, <br /> state.In cities that have not adopted the uniform building code,land use <br /> permits in lieu of a building permit cannot be issued to an unlicensed <br /> contractor. <br /> B. Accessory uses <br /> Stodola v.City of Orono, 1994 Accessory uses are those uses that cannot stand alone and must be <br /> WL 272900,C2-93-2445, accompanied by a principal,permitted use. <br /> (Minn.Ct.App.1994). <br /> C. Conditional uses <br /> Minn.stat.,462.3595. Conditional uses are uses that are permitted by the zoning ordinance if certain <br /> conditions,having been designated by the council or specified in the zoning <br /> ordinance, are met. The city must grant the conditional use permit if the <br /> applicant has satisfied all the conditions. Conditional uses remain in effect <br /> indefinitely as long as the conditions are observed. Before a conditional use <br /> permit is granted, a public hearing is required.The notice procedures are <br /> identical to those required for zoning permits. A certified copy of the <br /> conditional use permit must be filed with the county recorder or the registrar <br /> of titles, and must include a legal description of the land. <br /> Some zoning ordinances use the term"special use."The Municipal Land Use <br /> Planning Act does not recognize special use permits, and the courts would <br /> likely apply the same requirements for their issuance as those for conditional <br /> uses specified above. <br /> Trisko v.City of Waite Park, An applicant for a conditional use permit is entitled to one when the <br /> 566 N.W.2d 349(Minn Ct. controlling land use ordinances authorize the use, and there is evidence for <br /> App 1997). <br /> the need for the permit.Neighborhood opposition, alone,does not authorize <br /> the rejection of the application. <br /> In re Livingood,594 N.W.2d When a local government denies a landowner a conditional use permit <br /> 889(Minn. 1999). without sufficient evidence to support its decision, a court can order the <br /> issuance of the permit subject to reasonable conditions. <br /> State ex rel.Howard v. Village Issuance of a permit by mistake does not prevent the city from enforcing the <br /> of Roseville,70 N.W.2d 404 ordinance once it is aware of the violation. The city can enforce the zoning <br /> (Minn.1955). <br /> ordinance and require the landowner to follow the ordinance without <br /> Snyder v.City of Minneapolis, incurring liability for any associated costs as a result of the mistake. <br /> 441 N W.2d 781(Minn. 1989). <br /> 15-20 HANDBOOK FOR MINNESOTA CITIES <br /> This chapter last revised 12/15/2004 <br />
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