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Special Use Permit File PLZ 02100
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SP-069
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2/15/2007 11:48:05 AM
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2/7/2007 11:54:33 AM
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<br />3 <br /> <br />these criteria are to be derived from the basic text of the <br />ordinances; wherein the general standards of protection of the <br />health, safety and welfare are provided. (Reasons presented beyond <br />such must show a compelling threat to the health, safety and <br />welfare.) The standards as adopted legislatively by the munici- <br />pality are, within reason, at the sole discretion of the munici- <br />pality. Nonetheless, once they are adopted they become the <br />criteria under law by which special use permits are to be judged. <br />In the case where the adoption of the ordinance has been accom- <br />plished by a comprehensive process including public hearings <br />the basic documents and actions of the governing body in these <br />hearings become admissible testimony as to the intent of the <br />district standards. <br /> <br />Documentation of City Council actions regarding special use <br />permits has been the subject of numerous court decisions. For <br />example, in the case "Metro 500, Inc. V City of Brooklyn Park <br />211 N.W. 2d 358, September 21, 1973, No. 43257, "the Court stated: <br /> <br />"When a governing body denies an application for special <br />use permit, the factual basis and reasons for the denial <br />must be in some manner recorded contemporaneously with its <br />action. Without such a safeguard a council may arbitrarily <br />deny a permit and later, after the denial is challenged, <br />state reasons which are completely unconnected with the <br />actual basis for denial." <br /> <br />This quote was further referenced in "Main Realty, Inc. V Fogel. <br />208 N.W. 2d 758, June 15, 1973, No. 43522." <br /> <br />Symmetry of the "due process" and "equal protection" clauses of <br />the Constitution would imply that City Councils also have a <br />responsibility to document their reasons of action in granting <br />special use permits. The statement in this case reads: <br /> <br />"When a governing body grants an application for special use <br />permit, the factual basis and reasons for the granting must <br />be in some manner recorded contemporaneously with its <br />action. Without such a safeguard a Council may arbitrarily <br />grant a permit and later, after the granting is challenged, <br />state reasons which are completely unconnected with the <br />actual basis for granting." <br /> <br />In the City of New Brighton, it has been customary to state <br />reasons for its action as a first definitive step in dealing with <br />special use permits, and to direct the administration to draft a <br />resolution containing these reasons for consideration at the <br />next Council meeting. For reasons given previously, this <br />would be appropriate for both denial and granting of special use <br />permits. <br />
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