06.01 - Req for Appeal-Dog Boarding-Public Hearing

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T AW OFF 1 C E Page 2 September 2, 2010 • When, as in this case, a zoning ordinance expressly authorizes the proposed conditional use of "animal boarding facility ", the City's denial of the conditional use permit must be for reasons relating to public health, safety and general welfare. • The stated reasons for approving a conditional use permit, such as in this case by the Planning Commission, and as well by a city council, are ultimately reviewed in the context of an appeal to court as to whether those reasons or findings are legally sufficient and have a factual basis. If the denial of a conditional use permit is not unreasonable, arbitrary or capricious, it will be upheld on appeal. A court's review of a decision by a city to deny a conditional use permit is focused upon whether the city's decision is reasonable. • When a zoning ordinance specifies standards that must be applied in determining whether or not to grant a conditional use permit, and the applicant fully complies with the specified standards, a denial of the permit is arbitrary as a matter of law. This does not mean however that merely submitting an application for an animal boarding facility means that it must be approved because an animal boarding facility is identified as a conditional use. The application must meet the requirements and standards set forth for conditional use permits under the ordinance. • Neighborhood opposition to a landowner's desire to use his/her property for a particular purpose is not a legally sufficient reason for denying a conditional use permit. The denial of a conditional use permit must be based upon something more concrete, including facts and /or expert testimony and analysis. Neighborhood opposition and an expression of concern for noise or a decrease in land value in and of itself are insufficient reasons to deny a conditional use permit application. Neighborhood opposition should be based upon evidence of noise or a decrease in land values, not anecdotal evidence or assumptions or speculation. Those are not sufficient reasons to deny a conditional use permit application. • The City's decision and findings must be legally sufficient. The City cannot base the denial of a conditional use permit on land use standards that are unreasonably vague or unreasonably subjective. In other words the City must have a factual basis for its reasons to deny a conditional use permit application. The Land Use Ordinance sets forth the following items to consider in any conditional use permit application: A. The following must be met: