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• 2. The Council acts in a quasi-judicial capacity when acting on <br /> conditional use permits and therefore has limited discretion to <br /> deny. <br /> a. There is generally a right to the use if the conditions set <br /> forth in the ordinance are met. <br /> 3. Planning Commission reviews conditional use permit requests and <br /> makes recommendation to City Council. <br /> E. Interim Uses—Minnesota Statutes Section 462.3597 <br /> 1. Allows the temporary use of property until a particular date or <br /> event. <br /> a. So-called"temporary conditional use. <br /> 2. Use must otherwise conform with the zoning ordinance. <br /> 3. Under consideration for inclusion in Elk River's Zoning <br /> Ordinance. <br /> F. Variances—Minnesota Statutes Section 462.357, Subd. 6(2) <br /> • 1. City may allow a variance from strict requirements of zoning <br /> ordinance. <br /> a. Statute requires "undue hardship" <br /> i. property cannot be put to a reasonable use. <br /> ii. unique circumstances not created by the landowner. <br /> iii. will not alter essential character of the locality. <br /> iv. economic considerations alone do not constitute <br /> undue hardship. <br /> 2. "Use"variances are prohibited <br /> a. May not permit as a variance a use that is not allowed in <br /> the zone. <br /> 3. 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 /> 4. Requests for variances are heard by the Board of Adjustments <br /> (Planning Commission) and may be appealed to the City Council. <br /> G. Appeals—Minnesota Statutes §462.357, Subd. (6)(1) <br /> 110 <br />