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D. Conditional Use Permits - Minnesota Statutes Section 462.3595 <br /> <br />Fo <br /> <br />Conditional uses are uses which are permitted, subject to specific <br />conditions designed to ensure that performance standards are met. <br />a. The standards must be identified in the zoning ordinance. <br /> <br />The Council acts in a quasi-judicial capacity when acting on <br />conditional use permits and therefore has limited discretion to deny. <br /> a. There is generally a right to the use if the conditions set <br /> forth in the ordinance are met. <br /> <br />o <br /> <br />Planning Commission reviews conditional use permit requests and <br />makes recommendation to City Council. <br /> <br />Interim Uses - Minnesota Statutes Section 462.3597 <br /> <br />Allows the temporary use of property until a particular date or <br />event. <br />a. So-called "temporary conditional use. <br /> <br />2. Use must otherwise conform with the zoning ordinance. <br /> <br />o <br /> <br />Under consideration for inclusion in Elk River's Zoning <br />Ordinance. <br /> <br />Variances - Minnesota Statutes Section 462.357, Subd. 6(2) <br /> <br />City may allow a variance from strict requirements of zoning <br />ordinance. <br />a. Statute requires "undue hardship" <br /> <br />ii. <br />iii. <br />iv. <br /> <br />property cannot be put to a reasonable use. <br />unique circumstances not created by the landowner. <br />will not alter essential character of the locality. <br />economic considerations alone do not constitute <br />undue hardship. <br /> <br />"Use" variances are prohibited <br />a. May not permit as a variance a use that is not allowed in <br /> the zone. <br /> <br />o <br /> <br />The Council acts in a legislative capacity when deciding on <br />variances because the terms of the legislation (ordinance) are being <br />varied. <br />a. There is very seldom a "right" to a variance. <br /> <br />Joint City Council/Planning Commission Orientation Page 5 <br /> <br /> <br />