7(a) Ordinance Amendment - Interim Uses, Discussion

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RELEVANT LINKS: A. City role in hearing A city exercises so-called"quasi judicial" authority when considering a CUP application. This means that the city's role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards. If the applicant meets the standards, then the CUP should be granted. In contrast, when the city in zoning ordinance designates certain uses as conditional, the city is exercising"legislative" authority and has much broader discretion. B. Role of neighborhood opinion Neighborhood opinion alone is not a valid basis for granting or denying a CUP. While city officials may feel their decision should reflect the overall preferences of residents, their task is limited to evaluating how the CUP application meets the ordinance standards. Residents can often provide important facts to help the city address whether the application meets the standards, but unsubstantiated opinions and reactions to an application do not form a legitimate basis for a CUP decision. If neighborhood opinion serves as the sole basis of the decision, it could be overturned by a court if challenged. C. Documentation of hearing See LMC mformaUon memo, Whatever the decision, a city should create a record that will support it. If 7utiin,ti�hr t/t stri� nrn r�/ �,,,��,,,�,„��.,,�, a city denies a CUP application, the 60-day rule requires the reasons for the denial be put in writing. Even if a city approves a CUP, a written statement explaining the decision is advisable. The written statement explaining the decision should address the general and specific ordinance standards, and explain the relevant facts and conclusions. V. Conditional use permit after issuance ^'��,�, ��' ,�'', '„'; "'''�i A conditional use permit is a property right that"runs with the land" so it ' attaches to and benefits the land and is not limited to a particular landowner. State statute requires that CUPs be recorded with the county �linn tilal J-1h� i�y� �uh�l � recorder's office. When the property is sold, the new landowner will have the continued right to the CUP so long as the conditions are met. A city can revoke a conditional use permit if there is not substantial compliance with conditions, so long as the revocation is based upon factual evidence, after appropriate notice and hearing. Because a CUP is a property right, a city should work closely with the city attorney if considering a CUP revocation. League of Minnesota Cities Information Memo ��20�9 Land Use Conditional Use Permits Page 4