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§151.11). The procedural requirements for granting a variance are established by Minnesota Statute 5462.357 (6) and are supported and further enhanced by the City's Zoning Ordinance (City Code 5152.245). Like CUPS,variances also have an expiration. Variances are to be applied within 12 months of being approved (5152.245 (F)). In contrast to Conditional Use Permits,variances are granted for dimensional provisions of a property and are granted by City Council after a public hearing is held by the Planning Commission. Variances are not to be granted for uses. The basic difference between these two procedures is that: 1.) Condition Use Permits involve uses that are generally not consistent with a particular zoning district and variances are approved departures from strict enforcement of zoning requirements for a particular piece of property if enforcement would cause undue hardship to the owner (May 2004 Minnesota Cities). In both situations,if the applicant meets or satisfies the standards as established for a CUP or a variance, then the City Council must grant the CUP or variance. The City Council does have broad discretion in interpretation of those standards but they must not appear to be arbitrary and capricious in their interpretation and in both situations, the applicant has the right to appeal in state district court. Also, for both situations, the 60-Day Rule does apply. If a municipality does not act on a written request within 60 days of submitting the written request, the request is deemed automatically approved. Attachments: • League of Minnesota Cities: Conditional Use Permits and Variances 09152009 CUPS and Variancees.doc