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STAFF REPORT To: Mayor and Council City Manager From: Kim Moore-Sykes,Assistant City Manager 011b Date: September 15, 2009 Subject: Conditional Use Permits and Variances Requested Action: None; Informational Only Date Application Received: N/A Property Address: N/A Zoning District: N/A 60-Day Expires: N/A Waiver Letter Required: N/A Future Action: N/A Background: The Planning Commission asked Staff to provide them with a Staff Report detailing the differences between Conditional Use Permits and Variances. According to the City Code at §152.002, the intent and purpose of the CUP is to protect the health, safety and general welfare of the City and the residents; to protect Use Districts;promote orderly development and redevelopment;and provide for the compatibility of different land uses. Information from the League of Minnesota Cities also states that CUPS provide for the compatibility of different land uses. Providing for the compatibility of different land uses is one of the purposes of the Conditional Use Permit. CUPs involve uses that generally are not consistent with a particular zoning district (May 2004 Minnesota Cities). The St. Anthony City Code does require that the use is one of the conditional uses specifically listed for the zoning district in which the property is located; that the use will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or to the property values in the vicinity;and the applicant needs to demonstrate that the proposed conditional use will provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare. And lastly, once approved, the CUP is not an indefinite approval. The City Code states at§152.243 (D) that a Conditional Use Permit expires in 12 months if it is not implemented. Variances, on the other hand, are intended to grant appropriate relief from a strict adherence to the Zoning Ordinance in a City's Code. This intent is documented in St. Anthony's Zoning Ordinance and states that a variance is an approved exemption to the strict enforcement of the Zoning Ordinance granted to a property owner who has demonstrated that strict enforcement would cause the owner undue hardship (City Code 09152009 CUPS and Variancees.doc