3 Code Amendments7700 Market I
PO Box
Chanhassen,
Adminis'
Phone: 952.;
Fax: 952.22
Building Ins
Phone: 952/,
Fax: 952.2~
EngineE
Phone: 952.;
Fax: 952.2~
Phone: 952.;
Fax: 952.2~
Park & Rec
Phone: 952.;
Fax: 952.2E
Recreation
2310 Coulter
Phone: 952.1
Fax: 952.2;,
Plannit
Natural Re',
Phone: 952.E
Fax: 952.2,s
Public
1591 Park
Phone: 952.2
Fax: 952.22
~ulevard
47
N 55317
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Phone: 952.~ 7.1125
Fax: 952.22 .1110
Web
;,,.v,,v,,.ci.chan ha~
TO:
Planning Commission
FROM: Angela Auseth, Planning Intern
DATE: April 1, 2003
SUB J:
Criteria
Code Amendments, Chapter 20, Conditional Use Permit
As part of the Chapter 20 revision staff noticed conditional uses permitted
in zoning districts that lack conditional use criteria in Division 2
Conditional Use Permits. Staff has been working to develop criteria for
these specific uses. In developing criteria staff has researched other
communities, the internet, as well as internal resources.
Attached are additions to chapter 20, Conditional Use Permits. We will be
discussing these items related to the conditional use permits ordinance at
the Planning Commission meeting, June 3, 2003. Please bring your code
book to review the changes in relation to the rest of the chapter. The
intent of the discussion is to provide clarification of additional criteria for
conditional uses permitted in zoning districts that are lacking.
Staff is recommending the addition of following criteria to Chapter 20,
Division 2. Staff is looking to the Planning Commission to review the
following criteria and provide comments, suggestions, and any other input
for additional criteria. Staff would also like the Planning Commissions
direction for further research regarding the additional criteria.
If you have any questions or need additional information, please contact
me at (952) 227-1132.
The Cily of nhassen ,, A growing community with clean lakes, quality schools, a charming downto;vn, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
LEVEL OF CITY DISCRETION
IN DECISION-MAKING
City's discretion in approving or denying a site plan is limited to whether or not the
project complies with Zoning Ordinance requirements. If it meets these standards, the
ity must then approve the site plan. This is a quasi-judicial decision.
City's discretion in approving or denying a variance is limited to whether or not the
project meets the standards in the Zoning Ordinance for a variance. The City has a
high level of discretion with a variance because the applicant is seeking a deviation
established standards. This is a quasi judicial decision.
City has limited discretion in approving or denying conditional use permits, based on
hether or not the proposal meets the conditional use permit standards outlined in the Zoning
rdinance. If the City finds that all the applicable conditional use permit standards are met, the
must be approved. This is a quasi judicial decision.
[an.
City has a relatively high level of discretion in approving rezonings, PUD's, and
to PUD's because the City is acting in its legislative or policy making capacity. A
or PUD, and amendment thereto, must be consistent with the City's Comprehensive
City's discretion in approving or denying a preliminary plat is limited to whether or not the
plat meets the standards outlined in the Subdivision Regulations and Zoning
rdinance. If it meets these standards, the City must approve the preliminary plat. This is a
judicial decision.
8~
IK: 12/29/99
ZONING
FENCES
j i [ _ i
SYMBOL HEIGHT
TYPICAL
MATERIAL
MINIMUM
OPACITY
F, 44"
25%
Wood Rail
48"
Wood Picket
50%
Wood Stockade
95%
Fences
Supp. No. 13 1254.5
§ 20-1176 CHANHASSEN CITY CODE
BUFFERYARD
D
REQUIRED PLANT UNITS/lO0'
5 Canopy Trees
10 Understory Trees
· 15 Shrubs
Evergreen Trees/ ID
Conifers
Plmt Unit
Multiplier
.6
ih 100' ,
_ ·
Req~¢d
.8.
·
,E
!.0
.9
.8
Lot,,er Inter..sity Usc
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Hi(~her lntensil7 Use
Supp. No. 9 1254.4
Cemetery- C-A2: (See chapter 8)
1. The minimum lot size for a cemetery shall not be less than 1 Acre.
2. Headstone and markers shall be of natural stone.
3. Maximum height of a headstone shall not exceed three (3) feet in height above
ground level, two (2) feet six (6) inches in width and six (6) inches in
thickness. An apron of at least four inches in width shall be placed around
said marker or monument at a depth so as to assure no settling or movement
of the marker or monument, which shall be made of concrete, which apron
shall also be level with the surface of the ground, and which shall be affixed to
the marker so as to prevent grass, weeds, or other vegetation from growing
between the marker and apron.
4. Installation of markers and monuments shall be provided adequate planking to
protect turf and shall remove materials, equipment and refuse immediately
upon completion of work.
5. Ground water testing shall be done to determine high water table and springs
located on the site.
6. Sufficient maintenance and perpetual care funds shall be in place.
7. Cemetery hours shall be from sunrise to sunset.
8. The site shall contain a minimum of 10 parking spaces.
9. Access to the cemetery shall be by means of a collector or arterial roadway.
10. Mausoleums: maximum size/height 20 feet must maintain district setbacks.
*The intent of the city is to regulate the activity, uniformity, and appearance of future
cemetery development that may enter' the city. This information is based off Chapter 8
regarding the Chanhassen Pioneer Cemetery as well as the City of Apple Valley
municipal code.
Churches- I-BN, I-BH, I-CBD, I-BG, I-BF, I-IOP: 20-258 (1)
1. The temporary site shall not exceed 200 adult members.
*The intent of the city is to regulate the number and size of temporary churches
throughout the city in its business districts.
Concrete Mixing Plant- I-IOP:
1. Storage of material shall be contained within screened storage yards.
Screening shall comply with Buffer Yard D and F4 Fencing as specified in
this chapter.
2. Hours of operation shall be 7-6 Mon-Fri, 9-5 Sat, closed holidays and
Sundays.
3. The site shall have access by means of a collector or arterial roadway.
4. An environmental impact statement may be required by the planning
commission or city council regarding environmental performance standards
and design criteria related to:
(a) air pollution,
(b) fire and explosion hazards,
(c) radiation hazards,
Conditional Use Permit Criteria 1
(d) electromagnetic radiation and interference hazards,
(e) liquid, gas and solid wastes hazards,
(f) noise standards,
(g) vibration standards,
(h) water quality and
(i) others as may be requested by the city.
*All landscaping shall comply with this chapter, Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to regulate the environmental impacts
of the industrial facility and to ensure the health and safety of its residents.
Contracting Yard- C-IOP: 1. Equipment and supply storage must be screened or enclosed. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this chapter.
2. Vehicles/Equipment shall be stored within an enclosed or screened area.
3. No unlicensed or inoperable vehicle/equipment shall be stored on premises.
4. All chemicals shall be stored in proper storage facilities, specified by OSHA
regulations.
5. The contractor shall be Licensed, Bonded and Insured
*Ail landscaping shall comply with this chapter, Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to ensure the aesthetics appearance of
the city and to ensure the health and safety of its residents.
.
Equipment Rental- C-BG: 1. Equipment storage must be screened or enclosed. Screening shall comply
with Buffer Yard D and F4 Fencing as specified in this chapter.
2. No outdoor loud speaker system shall be permitted.
3. Equipment may be display during business hours only.
4. Displays may not occupy required parking spaces.
5. Displays may be located in designated display areas approved by the city.
*All landscaping shall comply with this chapter, Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to ensure the aesthetics appearance of
the city and reduce the amount of clutter located on an individual site.
Farmer's Market- I-BH, I-CBD, I-OI: 1. Hours shall be from sunrise to sunset Saturday and Sunday.
2. Applicant must provide trash receptacles and screened dumpsters. Large
dumpsters must be picked up the day following the close of the farmers
market, a minimum of once per week.
3. The site shall be maintained and cleaned up on a nightly basis to eliminate
debris or rodent activity.
4. The site must be accessible via a collector or an arterial roadway.
Conditional Use Permit Criteria
*The intent of the city is to include a farmers market during the growing season and to
ensure the aesthetics of the downtown districts. Staff will work on revising. Signage to
include the entire growing season f or farmers market.
Food Processing- C-IOP:
1. The site must have access via a collector or arterial roadway.
2. All loading docks must be screened with berming, landscaping, or other
structures.
3. Truck parking is permitted on-site only in designated truck parking areas,
parking must be screened.
4.Compliance plan must be submitted to the city including:
a. An inventory of potential or identified odor emission point sources
associated with the industry or source
b. An engineering quality plan detailing best available control
technologies and appurtenances designed to eliminate or achieve the
maximum reduction of odor pollution from an emission point source
inclusive of but not necessarily limited to certain processes,
procedures, or operating methods intended to mitigate or control odor
pollution.
c. A detailed explanation of the specifications and operating parameters
of the best available control technologies, monitoring instrumentation
and equipment, and processes and procedures intended for the
mitigation or control of odor pollution.
d. A specification of the documentation that will be made available for
the city's review which will verify the data produced by the monitoring
equipment, and which will verify that processes and procedures are
conducted consistent with the specifications in the facility's odor
control study and plan.
e. An approved schedule which states, in a time certain manner, the
implementation and installation of the best available control
technology, processes, procedures, operating methods, and monitoring
instrumentation designed to mitigate or control odors at the facility
inclusive of an approved completion date.
f. An acknowledgment of the authority of the city and its agents to enter
into the facility or its property in order to investigate complaints and to
verify the facility's adherence to the compliance plan.
g. An odor hotline shall be established by the applicant/owner/lessee to
receive all complaints relating to odor pollution.
h. Records of such complaints shall be maintained. The records shall
include names and addresses of callers, times and dates of calls and
descriptions of odor nuisances.
i. Upon receipt of ten calls or more within a six-hour period relating to a
single odor description, an alert condition shall be deemed to exist.
The applicant/owner/lessee or designated persons shall immediately
inform the city of all known details regarding the odor complained of.
Conditional Use Permit Criteria 3
j. The odor hotline shall provide a biannual report of all data generated
to the city manager for report to the city council.
k. The applicant/owner/lessee shall provide information regarding the
odor hotline number shall be mailed to all city residents within 20 feet
of the processing plant each year.
*The intent of the city is to permit food processing plants within the city limits as well as
regulate the aesthetics, environmental, and odor impacts on the neighboring residents.
Most of this information was gathered from the City of Des Moines, Iowa municipal code.
Garden Center- C-BH:
1. Storage of equipment and landscaping materials shall comply with a minimum
F3 fence; as specified in this chapter.
2. A loud speaker system is prohibited.
3. Blower, heating system for the nursery must be shielded or muffled from
public view and audibility.
4. All chemicals must be stored/used as specified by OSHA regulations.
5. Displays may not occupy more than 20% of the site; this includes but is not
limited to plant material and gazebos.
6. Displays may not occupy required parking spaces.
7.
*All landscaping and screening shall comply with this chapter, Article XXV Landscaping
and Tree Removal section 20-1176. The intent of the city is to ensure the health and
safety of its residents as well as reduce the amount of materials displayed on a single site.
Staff has suggested 20% of site area for display as a starting point. This number may be
too little or too much. We are open to suggestions.
Golf Course- C-A2:
1. Hours of operation shall be from sunrise to sunset
2. Soil must be tested to determine fertilizing requirements. If necessary, the
applicant/owner/lessee shall use slow release fertilizers applied at low rates or
only as needed, use natural organic fertilizers whenever possible. The use of
fertilizers shall be prohibited within the flood plain.
3. The applicant/owner/lessee shall apply pesticides only when needed. Use
products that are most effective, target specific, and present the least hazards
to people, wildlife, and the environment.
4. The applicant/owner/lessee shall apply for and obtain permits from the
appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency,
Minnesota Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their conditions of
approval.
5. Annual reports of fertilizer use shall be provided to the city.
6. A clubhouse may be permitted on the site. The clubhouse must be shown on
the site plan.
7. A retail pro shop is permitted within the clubhouse. No more than 20% of one
floor. Retail sales are limited to food, beverages, and golf related items.
Conditional Use Permit Criteria
8. All maintenance and other equipment must be kept in a screened storage area.
9. The golf course must be to accessed from a collector or arterial roadway.
10. Provision of site design to minimize golf ball hazards.
*The intent of the city is to provide criteria for golf courses in the A-2 district along with
the criteria in the "Golf Driving Range" criteria in Division 2 Conditional Use Permits
Agricultural and Residential Districts section of this chapter Section 20-265.
Home Improvement Trade- C-IOP: 1. All equipment and material shall be stored in a screened or enclosed area.
Screening shall comply with Buffer Yard D and F4 Fencing as specified in
this chapter.
2. Hours shall be 7-6 Mon-Fri, 9-5 Sat.
3. A loud speaker system is prohibited.
4. A list of chemicals and pollutants used on site must be provided as part of the
site plan review.
5. All chemicals shall be stored/used as specified by OSHA regulations.
6. Outdoor assembly and/or building construction is prohibited on site.
*All landscaping shall comply with this chapter Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to regulate the aesthetics and safety of
its residents.
Hotel- C-IOP: 1. The site must be accessed via a collector or an arterial roadway.
2. The site shall have a covered entrance and a separated drop off area, which
may not block the drive isle.
*The intent of the city is to provide guidelines to ensure adequate circulation to the
structure.
Lumber Yard- C-IOP:
1. Material and supply storage must be screened or enclosed. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this chapter.
2. A loud speaker system is prohibited.
3. The site must be accessible via a collector or arterial roadway.
4. All waste material shall be disposed of by owner or lessee.
5. Recycling of materials must be provided.
6.
*All landscaping and screening shall comply with this chapter, Article XXV Landscaping
and Tree Removal section 20-1176. The intent of the city is to ensure the aesthetics and
environmental impacts of this site.
Conditional Use Permit Criteria 5
Major Auto Repair & Body Shops- C-BG:
1. No unlicensed or inoperable vehicles shall be stored on premises except in
appropriately designed and screened storage areas.
2. All repair, assembly, disassembly and maintenance of vehicles shall occur
within closed building except minor maintenance including, but not limited to,
tire inflation, adding oil and wiper replacement.
3.No public address system.
4. No sales, storage or display of used automobiles or other vehicles such as
motorcycles, snowmobiles, or all-terrain vehicles.
5. Disposal of vehicle fluids shall comply with PCA regulations.
6. Facilities for the collection of waste oil must be provided.
7.
*The intent of the city is to regulate the intended activity of this site and reduce any
unnecessary visual or audible nuisances to neighboring properties. As well as ensure the
proper disposal of waste materials.
Mineral Extraction- I-A2: 1. Hours shall be 7am to 6 pm Mon-Fri, 9-5 Sat; no hours of operation on
Sundays or holidays.
2. A restoration plan shall be provided as part of the site plan review process.
3. Storm water management plans shall be provided as part of the site plan
review process. Plans shall be submitted with site plan prior to council
meeting
4. The site must be accessible via an arterial or collector roadway.
5. Explosives? (Mark)
6. Road restoration security deposit must be submitted to the city.
*The intent of the city is to ensure the health and safety of its residents as well as the
restoration of such property.
Mobile/Manufactured Homes- I-A1, I-A2:
1. All mobile or manufactured homes must comply with Sec. 20-905 of this
chapter.
2. Mobile or manufactured homes must provide skirting completely along the
bottom portion of the unit.
Mobility of the unit is prohibited; the unit must sit on a permanent foundation.
go
4.
*The intent
of the city is to ensure the aesthetic appearance of the city.
Model Home- I-R12, C-R16: 1. This criterion applies only to dwelling units which are converted into office
space on a temporary basis, removal following occupancy, or leasing of 90%
of the units or 3 years after opening of development.
2. 5 parking spaces shall be provided.
3. Lighting shall be provided to ensure safety.
Conditional Use Permit Criteria 6
4. The structure must be located within 150-feet of a paved road surface (ie.
bituminous or concrete roadway).
*The intent of the city is to allow temporary real estate office space within a dwelling unit
in a development for the sale of new homes. For apartments, there will generally be a
sales or rental office. This would apply to townhouses and condominiums.
Motel- C-IOP:
1. Parking: shall be located in the interior/behind building.
2. Access is limited by means of a collector or arterial roadway.
3. Height of structure shall be limited two stories/30 feet.
4.
*The intent of the city is to provide guidelines to ensure adequate circulation to the
structure.
Motor Freight Terminal- C-IOP: 1. Access shall be limited to a collector or arterial roadway.
2. Trailer storage shall be screened; screening shall comply with Buffer Yard D
and F4 Fencing as specified in this chapter.
3. Loading docks must be located away from or screened from public view.
4. Sufficient parking shall be provided on site to prevent on-street parking of
trucks.
5. Trailer parking shall be provided on-site.
*All landscaping and screening shall comply with this chapter, Article XXV Landscaping
and Tree Removal section 20-1176. The intent of this chapter is to ensure the aesthetic
appearance of the city, while providing adequate access to the site.
Outdoor Health & Recreation Club-C-IOP:
1. Hours shall be from: 7am to 9 pm.
2. Outdoor drinking fountain must be provided on site.
3. Bathroom facility (Steve-//, ratios?)
4. Parking: Amend 20-1124 (2p) for number of spaces per ball field, soccer field
i.e. 5, 10 spaces per field (Todd H.)
*The intent of the city is to provide outdoor recreational facilities to its residents while
providing adequate infrastructure.
Private Kennel- C/I-R4: See Chapter 5
1. Site must provide shelter from the elements.
2. Any enclosure must be setback 30 feet from the property line.
3. Any enclosure must be located in rear yard.
4. Must provide adequate food and water.
5. Must receive a kennel license from the city.
Conditional Use Permit Criteria
*The intent of the city is to provide adequate food, shelter, and water, as well as
providing regulations to ensure the welfare of neighboring properties.
Research
1.
.
Lab- C-IOP:
All chemicals and pollutants and waste must be stored, used and disposed of
according to OSHA and Hazmat regulations and standards.
The building must be secure from persons other than laboratory personnel.
No outdoor experiments that cause hazards or excessive noise or odors shall
be permitted on site.
*The intent of the city is to permit research lab facilities while ensuring the health and
safety of its residents.
Small Vehicle Sales- C-BH:
1. No unlicensed or inoperable vehicles shall be stored on premises except in
appropriately designed and screened storage areas.
2. Display during business hours only.
3. Displays must be in designated display areas, may not occupy required
parking spaces.
4. All repair, assembly, disassembly and maintenance of vehicles shall occur
within a building
5. No outdoor public address system
6. Disposal of vehicle fluids shall comply with PCA regulations. Facilities for
the collection of waste oil must be provided.
*The intent of the city is to regulate the intended activity of this site and reduce any
unnecessary visual or audible nuisances to neighboring properties. As well as ensure the
proper disposal of waste materials.
Supermarket- C-BN: 1. Delivery routes are limited to collector or arterial roadways and prohibited
through residential districts
2. Loading docks must be screened from public view.
3. Waste compaction equipment shall be enclosed within a building or structure.
*The intent of the city is to ensure the aesthetic appearance of the city while providing
adequate circulation for delivery and loading areas.
Temporary Classroom Structures- I-OI: See sales trailer 1. Maximum size of temporary structure shall not exceed 1,000 square feet.
2. All structures must be removed before or on permitted ending date.
3. Design Standards shall include skirting along the bottom of the structure.
4. Landscaping must be provided around structure.
5. Pedestrian access shall be provided including access in conjunction with the
principle structure.
Conditional Use Permit Criteria 8
*The intent of the city is to provide additional class room space while preserving the
aesthetic appearance of the structure. Staff has provided 1,000 sq. fi. as a starting point
for discussion purposes.
Temporary Outdoor Display- I-BN, I-BH, I-CBD, I-BG, I-BF: Change to Accessory
Use Temp Sales
1. Display must be located adjacent to primary structure.
2. Display may not have separate lighting from primary structure.
3. Display may not interfere with pedestrian access.
4. Display may not occupy required parking spaces.
5. Maximum display height shall be~ feet.
6. Erection of Display is permitted during business hours only
*The intent of the city is to allow outdoor displays for business while providing
guidelines to ensure the aesthetic appearance of the city. Staff is uncertain if size and/or
height restrictions should be imposed. You're comments regarding this issue would be
greatly appreciated.
Conditional Use Permit Criteria 9
7700 Marke
PO Bo
Chanhassen
Admini
Phone: 95
Fax: 952.2
Building In
Phone: 952
Fax: 952.E
Engine
Phone: 952
Fax: 952.2
Fina~
Phone:952
Fax: 952.2
Park & Re
Phone:952.
Fax: 952.2
Recreatior
2310 Coulter
Phone:952
Fax: 952.2
Planni~
Natural Re
Phone:952.
Fax:952.2:
Public
1591 Pa
Phone:952.:
Fax:952.2;
Senior,
Phone: 952
Fax: 952.2~
Web
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TO:
Planning Commission
FROM: Angela Auseth, Planning Intern
DATE: May 28, 2003
SUBJ:
Use Clarification
As part of the Chapter 20 revision, staff is working to clarify the uses
permitted in each zoning district. Staff has formulated a matrix to
simplify the process of determining what uses are permitted uses,
conditional uses, accessory uses, and interim uses in each district. Staff'
used the Standard Industrial Classification (SIC) Manual when classifying
each use, in order to clarify and consolidate uses that are considered
similar.
Attached is the matrix which combines some uses into a single category
for clarification purposes. This process of combining uses was based both
on similarity of use as well as the SIC Manual.
We will be discussing these items related to Use Clarification at the
Planning Commission meeting, June 3, 2003. The intent of the discussion
is to give staff direction and clarification on uses and zoning districts.
Staff is recommending the attached changes to Chapter 20. Staff is
looking to the Planning Commission to review the following
recommendations and provide comments, suggestions, and any other input
for additional changes. Staff is also requesting that the Planning
Commission review the listed uses in the districts to determine if uses
should be added or deleted.
If you have any questions or need additional information, please contact
me at (952) 227-1132.
The City of Ch nhassen o A grov,,ing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
RECOMMENDATIONS
o
.
Combine under "Public Parks/Open Space"(See definition) *P-A2, P-RR,
P-RSF, P-R4, P-R8, P-R12, P-R16, P-BF, P-OI
a. Public Parks P-A2, P-RR, P-R4, P-R8, P-R12, P-R16, P-BF
b. Open Space P-A2, P-RR, P-RSF, P-R4, P-R8, P-R12, P-R26
c. Public Recreational Facility P-OI
*By combining Public Parks and Open Space Public Parks would be added as a
permitted use in the RSF, OI districts. While Open Space would be added as a
permitted use in the OI district. Public Recreational Facilities would be
permitted in A2, RR, RSF, R4, R8, R12, R16, and BF districts. Public Parks and
Open Space are currently located in Single Family Residential districts as well as
in Office and Institutional district as schools are permitted in that district,
currently they are nonconforming uses.
Combine under "Automotive Repair Shops" SIC: 753 *C-BH, C-BG, P-
IOP
a. Auto Service Center C-BH
b. Body Shop, P-IOP
c. Major Auto Repair and Body Shop, C-BG
*The above uses conduct essentially the same services and could reduce confusion
when applicants are applying for use permits. All three individual uses are
covered under a single SIC code classification. By combining the uses as one
classification Automotive Service Center would be added as a conditional use in
the BG district and permitted in the IOP district. Body Shop would be added as
a conditional use in the BH and BG districts. Major Auto Repair and Body Shop
would be added as a conditional use in the BH district and permitted in the IOP
district.
o
Combine under "Specialty Retail" SIC: 56, 59, 5912 P-CBD, P-BG *P-BN,
P-BH, C-BF, A-IOP
a. Apparel Sales P-CBD, P-BG
b. Retail Sales A-IOP
c. Retail Shops P-BH, P-CBD
d. Sporting Goods sale~rental C-BF
*All of the above individual uses can be classified under a single use. Staff does
not feel that any one use should be excluded from any of the above districts. By
combining the uses Apparel Sales would be added as a permitted use in the BN
and BH districts, a conditional use in the BF district, and an accessory use in the
IOP district, as an office/showroom use.. Retail Sales would be added as a
permitted use in the CBD, BG, BN, BH districts, and a conditional use in the BF
,
district. Retail Shops would be added as a permitted use in the BG, BN, BF
districts and an accessory use in the IOP district. Sporting Goods would be
added as a permitted use in the CBD, BG, BN, BH districts, and an accessory use
in the IOP district. Staff would tike to note that Liquor Stores SIC 5921, would
be classified separately from the "Specialty Retail" classification, even though it is
classified under the same SIC group number 59.
Combine under "Offices" (See definition) P-BH, P-CBD, P-BG, P-IOP *P-
BN, P-OI
a. Professional Offices P-OI
b. Professional Business and Admin Offices P-OI
e
*Staff feels that the above uses are essentially the same use. Both of the above
individual uses are permitted in the same district, however, Offices are permitted
in more districts, Staff, feels that Professional Offices and Professional Bossiness
and Admin Offices could be located in more districts. Staff also feels that Offices
could be a permitted use in the BN and OI districts. By combining the above uses
under "Offices" Professional Offices would be added as a permitted use in the
BN, BH, CBD, BG, and IOP districts. Professional Business and Admin Offices
would be added as permitted uses in the BN, BH, CBD, BG, and IOP districts.
Staff would also like to not that "Offices" would include City Halt.
Combine under "Automotive Dealers" SIC: 5511, 5521, 5531, 5551, 5561,
5571, 5599 *C-BG, C-BF
a. Automobile Sales P-BG, P-BF
b. Boat Sales P-BG, P-BF
c. Recreational Vehicle Sales P-BG
d. Truck Sales P-BG, P-BF
*Staff feels that all of the above uses are types of automotive dealers and that they
could be classified as one use. By combining the above individual uses under
"Automotive Dealers" Recreational Vehicle Sales would be added as a conditional
use in the BF district. This would make all "Automotive Dealers" a conditional
use.
o
Combine under "Personal Services" SIC: 72 P-BN, P-BH, P-CBD, P-BG
a. Dry Cleaning P-BN
b. Laundry Pick-up Station P-BN
c. Self-Service Laundry P-BN
d. Shoe Repair P-BN, P-BG
*Staff feels that all of the above uses are personal services and can be classified
under a single classification. By combining the above individual classifications as
"Personal Services" Dry Cleaning would be added as a permitted use in the BH,
o
CBD, and BG districts. Laundry Pick-up Station would be added as a permitted
in the BH, CBD, and BG districts. Self-Service Laundry would be added as a
permitted use in the BH, CBD, and BG districts. Shoe Repair would be added as
a permitted use in the BH and CBD districts.
Combine under "Tower" (See sec. 20-1500) C-A2, C-RR, C-RSF, C/I-R4,
C-R8, C-R12, C-R16, C-BH, C-BF, C-OI, C-IOP
a. Commercial Communication Tower C-R16, C-BH, C-BF, C-OI, C-IOP
*Staff feels that a Commercial Communication Tower is a type of tower and could
be classified as such. By combining the two, Commercial Communication Towers
would be added as a conditional use in the A2, RR, RSF, R4, R8, and R12
districts and an interim use in the R4 district.
.
Combining under "Health Services" SIC: 80 P-BN, P-BH, P-OI, P-IOP
a. Health Care Facility C-R12, C-R16, P-CBD, P-BG
*Staff feels that Health Care Facility could be classified as a Health Service. By
classifying the above use Health Services would be added as a permitted use in the
CBD and BG districts.
o
Combining under "Temporary Outdoor Sales" See Sec. 20-290 A-BN, A-
BH, A-CBD, A-BG, A-BF, A-OI
a. Temporary Outdoor Display not in any district-Criteria in CUP
section.
*Staff feels that a Temporary Outdoor Display is a type of outdoor sale, therefore
it could be classified as such. By combining, Temporary Outdoor Display would
be an accessory use in BN, BH, CBD, BG, BF, and OI districts. Staff would like
discussion regarding whether these uses should be classified together or
separately.
10. Community Center would include Senior Center
11.
*Staff feels that the senior center should be included in the use classification of a
community center. By definition a Community Center includes a Senior Center.
Change Mobile Home to Manufactured Home
*Staff feels that Manufactured Home is a more correct term than mobile home.
Changes in technology and the manufacturing processes have increased the
quality and durability of manufactured homes.
12. Motor Fuel Station add C-BN district remove C-BF district
*Staft recommends the removal form the BF district as that zoning district may
change and adding the conditional use to the BN district as it is a daily need in
the Neighborhood Business district.
13. Delete items
a. Boarding House I-R4, C-R8, I-R12
*No longer used
b. Public Buildings and categorize each use as is
i. City Hall: Office
ii. Lake Ann Park Maintenance Building: Accessory Structure
iii. Public Works Building: Contractor's Yard
14. Expand the following uses:
a. Home Furnishings to include BN district
*Incorporate Tile shop-Delete Neighborhood Retail Shop
b. Farmers Market to include OI district
15. Equipment Rental SIC: 735 (Where Permitted)
a. Medical Equipment SIC: 7352
b. Heavy Construction Equipment SIC: 7353 (own category)
c. Miscellaneous Equipment Rental SIC: 7359
i. Airplane
ii. Appliance
iii. Coin-operated machines
iv. Electronic equipment
v. Furniture
vii. Office machines
.,;;; ~;1 f-;,~1~1, equipment
x. Par~ supplies
xi. Pi~o
xii. Dishes, Silve~are, and Tables
xiii. Television
xiv. Toilets
xv. Tools
xvi. Vending mac,ne
xvii. Video recorder and player
***Bxclude Industrial Trucks, Oil field mac~nes, ~d Oil well
drilling equipment
*Should we ev~ wor~ t~t these uses will come to Chan~ssen?
d. ClotMng and Pillows SIC: 7299
e. Amusement SIC: 7999
i. Bicycles, canoes, etc.
f. Computer time SIC: 7374
g. Computer data processing equipment SIC: 7377
* Discuss eliminating A1 and BF districts; rezone BF Conditional Uses
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eh.mn.us
TO:
Planning Commission
FROM: Angela Auseth, Planning Intern
DATE: May 22, 2003
SUB J:
Conditional Use Permit
Staff has received a legal case from the State of Minnesota, Court of
Appeals, regarding a Conditional Use Permit, Thor Yang vs. County of
Carver. This is a recent case, filed on May 20, 2003 regarding the denial
of a conditional use permit, without basing the denial on criteria from the
code.
This case is in direct correlation with staff's recommended addition of
Conditional Use Criteria. This case shows the importance of developing
criteria which will further regulate the uses that may be located in any
district.
Staff feels this case is relevant to the proposed addition to Chapter 20,
Division 2 Conditional Use Permits and exemplifies the importance of
developing criteria.
If you have any questions or need additional information, please contact
me at (952) 227-1132.
The City of Ch~ Dhassen · A growing community with clean iakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
R
B
P~
A
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STATE OF MINNESOTA
IN COURT OF APPEALS
C3-02-1460
Thor Yang,
Relator,
VS.
County of Carver, et al.,
Respondents.
Filed May' 20, 2003
Reversed and remanded
Robert H. Schumacher, Judge
Carver County Board of Commissioners
File No: 12947
.chard G. Wilson, Virginia A. Bell, Laura J. Lindstrom, Maslon, Edelman, Borman &
rand, L.L.P., 3300 Norwest Center, 90 South Seventh Street, Minneapolis, MN 55402 (for
[ator)
ul D. Reuvers, Jason J. Kuboushek, Iverson & Reuvers, L.L.C., 230 Townline Office
aza, 8585 West 78th Street, Bloomington, MN 55438 (for respondents)
Considered and decided by Willis, Presiding Judge, Schumacher, Judge, and
tderson, Judge.
SYLLABUS
A denial of a conditional use permit by the county is arbitrary and capricious where
proposed use meets the requirements specified by the relevant zoning ordinance and the
sons for the denial have no factual basis in the record.
OPINION
~OBERT H. SCHUMACHER, Judge
By writ of certiorari, relator Thor Yang appeals' the decision of respondent County of
.'arver to deny his application for a conditional, use permit, asserting that the denial is
rbitrary and capricious because the county had no legally sufficient reason to deny and that
~e denial was motivated by discriminatory intent. BeCause the county had no legally
afficient reason to deny the permit, we reverse and remand.
FACTS
In March 2002, Yang applied to the county for a conditional use permit to operate a
~stom slaughterhouse as a farm-related business on his 40-acre property in Hollywood
ownship. In a custom slaughterhouse, animals are purchased and slaughtered on-site; all
teat derived from the slaughter is returned to the purchaser. See Minn. R. 1540.0010,
Ibp. 7 (2000). The local zoning ordinance required Yang to obtain a conditional use
~,rmit because a farm-related business is a permitted conditional use within the zoning
strict. See Carver County, Minn. Zoning Ordinance No. 32S (2000).
The Carver County Board of Commissioners must fmd a Proposed use meets the
llowing criteria before the board may issue a conditional use permit:
1. The conditional use is permitted as a permitted conditional use within
the zoning district, and meets all requirements of this ordinance and any other
County, Regional, State, or Federal laws, ordinances, rules, or regulations.
2. The conditional use will not be injurious to the use and enjoyment of other
property in the immediate vicinity for the purposes already permitted.
3. The establishment of a conditional use will not impede the normal and
orderly development and improvement of surrounding vacant property for
uses predominant in the area.
4. The effects of the proposed use will not be detrimental to the health,
safety and welfare of Carver County or to the occupants of the immediate
neighborhood.
5. That adequate utilities, access roads, drainage and other facilities have
been or are being provided.
6. That adequate measures have been or will be taken to proVide
sufficient off-street parking and loading space to serve the proposed use if
these measures are applicable.
7. That adequate measures have been or will be taken to prevent or
control offensive odor, fumes, dust, noise and vibration, so that none of these
will constitute a nuisance if these measures are applicable.
8. The use or development conforms with the County and Township
Comprehensive plan.
9. The use or development is compatible with the land uses in the
neighborhood.
10. A public hearing was held * * *
Ct
to
§ 12.05013C. Ordinance section 12.05011, subp. 2, required Yang to submit an
plan describing the number of employees and hours of operation, use of new
existing structures, water service, sewage disposal, area and capacity of parking areas,
access, storage, and operational areas.
The Carver County Planning and Zoning Commission held three public hearings on
application. At the tn:st, the commission staff presented a report that included
of the proposed use by the Minnesota Department of Health, the Minnesota Board
Animal Health, and the Minnesota Department of Agriculture. The report expressed
with the adequacy of the slaughterhouse's water supply, composting plan,
provisions, and compliance with state bio-security measures. The commission
'.o heard public comment from Hollywood Township residents who opposed the
on the grounds that the slaughterhouse would diminish local property values,
.se pollution and noise, and create excessive traffic on the gravel township road serving
property.
After the tn:st commission meeting, the Hollywood Township board met and voted
denial of the application to the Carver County Board of Commissioners. The
:lation was based solely on concerns expressed by Hollywood Township residents
the meeting that the slaughterhouse would create excess traffic and disturb its neighbors.
At the second commission meeting, the staff used Yang's estimate of ten daily
to predict 50 daily road uses associated with the slaughterhouse, or 25% of the
road's capacity of 200 daily uses established by the comprehensive plan. See Carver
Comprehensive Plan, General DevelOPment Policy 18 (1991) (providing capacity of
gravel road is typically 200 average daily trips). The report concluded that traffic
by the slaughterhouse appeared to prevent it from meeting the ordinance's
of a farm-related business and from complying with the Carver County
omprehensive plan. See Ordinance § 3.0305 (C) (providing proposed activity is not a
permitted conditional use if its demand for road services cannot be
elated "within the context of the service levels available in the commercial
area"); Carver County Comprehensive Plan, Policy 16C, § 2 (providing
use may not comply with comprehensive plan if "substantial percentage of the
lad capacity will be used by the proposed activity").
pt
The report also stated that because the application did not limit the number of
tstomers, animal units to be processed weekly, or hours of operation, the operation could
injurious to the use of nearby property, be detrimental to the health, safety, and welfare
county residents, and create a nuisance, thereby Violating Ordinance conditional use
criteria 2, 4, and 7. Several Hollywood Township residents spoke to reiterate
raised in public comments at the first commission hearing.
Following the second planning commission meeting, Yang submitted an amended
plan stating the slaughterhouse would process no more than 20 animal units in
five-day workweek, during which time he expected to attract a maximum of 50
;tomers. Based on his prior experience operating a slaughterhouse, Yang estimated that
with 50 weekly customers, the slaughterhouse would generate approximately 112
Ul
b3
~,eekly trips, less than 10% of the road's 1400-trip weekly capacity. The amended plan
ncluded a map showing the Yang property is located approximately 1/4 mile south of a
fighway and that highway traffic accessing the slaughterhouse via the gravel road would
~ass one other residence and a steel scrapyard, whose gravel-road ingress is regularly used
~y 18-wheel trucks. The amended plan further stated Yang would contract with rendering
ervices for hide disposal, would work with Hollywood Township to provide dust control,
nd would purchase liability insurance.
After the third hearing, the planning commission voted to recommend denial of the
pplication to the board of commissioners after f'mding that the ~slaughterhouse's traffic and
~eekend operating intensity were excessive and that Yang's operational plan was
tadequate.
The board of commissioners voted to deny the application after a public hearing. In
order, which adopted all of the planning commission's £mdings, the board found that the
tughterhouse would generate excessive traffic, 'that the intensity of the operation on
eekends would interfere with neighbors' use and enjoyment of their property, and that
ang's operational plan inadequately described provisions taken for the slaughterhouse's
ater service, sewage and wastewater disposal, parking, sanitary facilities, rendering
rvices, and livestock delivery. Yang challenges the denial.
ISSUES
1. Was the county's denial of the conditional use permit application
reasonable, arbitrary, or capricious.*
2. Was the county's denial of the conditional use permit application motivated
discriminatory intent.*
ANALYSIS
This court will uphold a county's decision to approve or deny a conditional use
,ermit unless our independent review of the record determines the decision was arbitrary,
apricious, or unreasonable. Schwardt v. County of Watonwan, 656 N.W.2d 383, 386'
Minn. 2003); see also SuperAmerica Group, Inc. v. City of Little Canada, 539 N.W.2d
64, 266 (Minn. App. 1995) (stating conditional use permit denial will be disturbed only
there it has "no rational basis") (citation omitted), review denied (Minn. Jan. 5, 1996).
A county's denial of a conditional use permit is arbitrary where the applicant
,~stablishes that all of the standards specified by the zoning ordinance as conditions of
7anting the permit have been met. Zylka v. City of Crystal, 283 Minn. 192, 196, 167
/.W.2d 45, 49 (Minn. 1969). A zoning ordinance should be construed according to its
~lain and ordinary meaning and in favor of the property owner. Frank's Nursery Sales, Inc.
City of Roseville, 295 N.W.2d 604, 608-09 (Minn. 1980). If the ordinance expressly
~thorizes the proposed use, the county may only deny the conditional use permit "for
~asons relating to public health, safety, and general welfare." C.R. Investments, Inc. v.
~illage of Shoreview, 304 N.W.2d 320, 324 (Minn. 1981).
The permit applicant has the burden of persuading this court that the reasons for the
enial either are legally insufficient or had no factual basis in the record. Hubbard
! roadcasting, Inc. v. City of Afion, 323 N.W.2d 757, 763 (Minn. 1982). Yang faces a
l: ghter burden than if he were challenging a conditional use permit approval. See $chwardt,
~ 56 N.W.2d at 389 n.4 (stating conditional use permit denials are held to less deferential
s andard of review than conditional use permit approvals).
1. Yang argues the county's denial of his application was arbitrary because he
n et all the standards specified by the ordinance for conditional use permit approval and
b ~,cause the reasons given by the board of commissioners for the denial had no factual basis
'ir the record. We agree.
The board of Commissioners based its denial largely upon findings that the
sl tughterhouse would generate excessive traffic on the gravel township road accessing
Y tng's property. The county argues these findings are substantiated by (1) "prior traffic
sl~ .tistics maintained by the planning and zoning office"; (2) the Hollywood Township
b~ ard's "evaluation" of traffic on the gravel road serving Yang's property; and (3) public
ct nment that the slaughterhouse would generate excessive amounts of traffic.
The record indicates the planning and zoning commission's traffic estimates were
de 5ved solely from daily road-use estimates provided by Yang himself in his operational
7
and augmented by the commission staff on the grounds that Yang repeatedly
'appear[ed] to" understate or underestimate the operation's intensity, hours of operation, and
and service visits. The planning commission's traffic estimates, as adopted by the
of commissioners, are not substantiated by independent analysis or reliable facts in
record. Rather, the estimates represent speculative predictions on how traffic will
future residents of currently unplanned homes on undeveloped neighborhood
the possible frequency of service and delivery visits, the possible maximum
of customers the operation will attract, and the potential intensity of the operation.
board's order provides no explanation for rejecting Yang's figures or crediting its own
other than to repeatedly state Yang's estimates appear unreasonable, unrealistic, and
In his amended application, Yang. presented evidence, including detailed analyses
customer purchasing patterns based upon his experience operating a custom
aughterhouse, that (1) the slaughterhouse, when processing its maximum 20 animal units
for 50 customers, would account i:for 112 one-way trips on the gravel road each
or less than 10% of the road's 1400-trip weekly capacity; (2) traffic accessing the
sl~ would use only the one,quarter mile section of the road between the
and the Yang driveway and would consist of passenger cars and delivery trucks;
(3) the sole residence between his property and the highway was located adjacent to a
c~use permit-authorized steel processing center regularly accessed by 18-wheel
that use the gravel road. The board has not substantiated its rejection of this
idence. We further note that even the board's own traffic figures predict the
sl~ se would generate a maximum of 140 trips a week, which is 10% of the gravel
capacity.
Ti
The board of commissioners also based its traffic f'mdings on the Hollywood
board's recommendation that the application be denied because of traffic
~cerns. The record is clear the Hollywood Township board's recommendation was based
b~
d
ir
d~
wholly on public comment opposing the application. The recommendation cannot therefore
substantiate the board of commissioners' findings relative to traffic.
The county next argues the board's traffic findings were legitimately based upon
~ublic comment. A city may consider neighborhood opposition only if based on concrete
nformation. Scott County Lumber Co. v. City of Shakopee, 417 N.W.2d 72I, 728 (Minn.
~pp. 1988), review denied (Minn. Mar. 23. 1988); see also Swanson v. City of
~loomington, 421 N.W.2d 307, 313 (Minn. 1988) (acknowledging city may consider
~eighborhood opposition). In representative statements before the commission and the
~oard, town residents stated the Yang farm appeared to be holding "a great big party [with]
aany, many cars" every weekend and that Yang appeared to be having "big. parties [with]
~n to 14 cars going in;" one neighbor reported his mother saw "ten cars coming down the
~ad at 10:00 at night."
As area residents, the neighbors have 'sufficient "competency and personal
nowledge" to discuss traffic congestion. See Corwine v. Crow Wing County, 309 Minn.
45, 361,244 N.W.2d 482, 491 (1976). But the neighbors' anecdotal comments contain no
~tail as to how the cars they witnessed might affect circulation or the general welfare, and
· e insufficiently concrete to substantiate a finding that the proposed use would create'
tcess traffic. Cf. SuperAmerica, 539 N.W.2d at 268 (upholding denial of a conditional use
~,rmit based on traffic concerns where "witnesses spoke of existing, daily traffic problems"
td gave specific examples of "current congestion"). The neighbors' comments here are
sufficient to substantiate a f'mding that Yang's slaughterhouse will cause excessive traffic.
We can find no basis in the record for the board's conclusions that traffic generated
the slaughterhouse will create an excessive demand on the gravel road or use a
proportionate share of the road's capacity. We therefore hold the board acted arbitrarily
concluding that excessive traffic generated by the proposed use was a valid reason to
~y Yang's application. See C. R. Investments, Inc., 304 N.W.2d at 32528 (overturning
Bi
st~
O!
conditional use permit denial where no concrete evidence warranted an inference that the
proposed use would substantially aggravate traffic); Minnetonka Congregation of Jehovah's
Witnesses, Inc. v. Svee, 303 Minn. 79, 85, 226 N.W.2d 306, 309 (1975) (holding that
~nsubstantiated speculation about increased traffic does not support denial of a conditional
~se permit application).
The board also found that Yang's application understated or underestimated the
~verall intensity of the slaughterhouse and that the actual intensity of the operation,
~articularly on weekends, will interfere with the neighbors' recreational enjoyment of their
.roperty. Although the board does not define "intensity," the term is used in reference to
ae number of trips made to the slaughterhouse by service and customer vehicles, the
umber of employee hours worked on a given day, and the number of animal units
laughtered on a given day.
We conclude the findings related to intensity are not substantiated by evidence in the
;cord. First, the board provides no independent analysis or statistics in support of its
C ~cision to reject Yang's intensity estimates as unrealistic, underestimates of actual operating
vels or its decision to replace Yang's figures with its own augmented figures. Second, the
~ard provides no explanation for its decision to characterize both Friday and Saturday as
eekend days in its funding that intense weekend slaughter will interfere with neighbors'
tjoyment of their properties. We further note that although Yang's initial operating plan
:luded Sunday operation, he agreed to remain closed on Sundays at the request of
ighbors. Third, the findings do not establish a causal link between the intensity of the
eration and the degree of disturbance the operation will cause, or explain why a
:ughterhouse is disruptive in an agricultural district containing feedlots and an adjacent
el scrapyard.
In addition to the board's own estimates, the record evidence supporting the intensity
dings consists of public comment stating that the operation will generate noise and traffic
that it might have a detrimental effect on the environment and loCal property values.
10
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Fhis speculative comment does not provide a factual basis for the findings. See id. at 85,
~26 N.W.2d at 309 (holding that where the controlling ordinance specifically provides for
>roposed use, general objections to granting conditional use permit are not competent
:vidence to support denial); see also C.R. Investments., Inc., 304 N.W.2d at 325 (stating
hat neighbors' objections to conditional use permit application must be based on more than
onjecmre or speculation). We conclude the board's findings concerning the
laughterhouse's expected intensity lack a reliable basis in the record and cannot justify
.enying Yang's application.
The board of commissioners also found Yang's operational plan failed to adequately
escribe provisions taken to comply with state regulations concerning water service, sewage
ad wastewater disposal, parking, sanitation facilities, rendering, and livestock delivery at
te slaughterhouse. The record shows that Yang's initial and amended operational plans
~scribed the proposed use's on-site sewer services and water well, Plans to build two new
~throoms, waste management provisions, rendering contracts, wastewater disposal, water
~ality testing, and parking.
In his operational plans and at the public heatings, Yang recognized that he cannot
lerate his slaughterhouse until he complies with all applicable state regulations and
~tains the relevant licenses, and suggested that the board condition issuance of the
nditional use permit on his obtaining the licenses. The board of commissioners' £mdings
ntain the Minnesota Board of Animal Health's recommendation that approval of the
>lication be conditioned on Yang's compliance with state rendering, composting, and
security measures. The f'mdings also contain the Minnesota Department of Agriculture's
tement that it will not license the slaughterhouse until Yang obtains the conditional use
Init.
The county requires that a proposed use comply with all applicable regulatory
uirements before a conditional use permit will issue, and may condition issuance on
~pliance as verified by the relevant agency. See Ordinance conditional use permit
11
requirement 1. But specific state licensing standards concerning water service, sewage and
~vastewater disposal, sanitary facilities, livestock delivery, and rendering services are not
~stablished by the board of commissioners or the ordinance, and it is not the board's
:esponsibility, under the ordinance, to enforce compliance with these standards.
Where state standards are set and enforced by state agencies and where a conditional
~se permit applicant informs the board of commissioners of his intention to comply with all
tpplicable standards, the board need not resolve specific compliance issues prior to granting
conditional use permit.' See Schwardt, 656 N.W.2d at 388-89 (holding that county board
f commissioners may not deny conditional use permit application on groUnds proposed use
foes not comply with county setback requirement where it was zoning administrator's duty
) enforce the setback requirement and where applicant promises that he will comply with
~quirement). The board of commissioners had no duty to ensure state regulations were
let, and should have reserved the question of regulatory compliance for the relevant state
gencies by conditioning issuance of the conditional use permit on Yang's confmned
)mpliance with state standards. See id. We therefore hold that the county acted arbitrarily
denying Yang's application on the grounds that his operational plan inadequately
~,scribed his compliance with state standards.
12
In its final finding, the board of commiSsioners states that the proposed "operation
[does] not look farm related and [looks] more like a commercial-industrial business"
Yang intends to raise 30% of his animals on-site "and [have] the rest imported."
finding is not supported by the record or by the plain meaning of the ordinance, which
that a farm-related business must involve "sales and/or purchasing of.products of
local agricultural economy or of goods unique and necessary to agricultural operations."
Ordinance § 3.0305A 3. In the record, Yang repeatedly states that any animals he
·
~ will come from local producers and local auction houses. We do not agree with
board's finding that these animals are not "products of the local economy" or that locally
animals are "imported" and preclude de£ming the slaughterhouse as a farm_
business. The county cites to no support in the ordinance for its conclusion that
operation is commercial-industrial for the fact that it does not raise all of its own
for slaughter.
Construing the ordinance according to its plain and ordinary meaning and in favor of
property owner, we hold that Yang's application met all the conditions specified by the
~ for conditional use permit approval. Yang's request is for a farm-related
which is a permitted conditional use consistent with the comprehensive plan.
is inadequate evidence in the record in support of the county's position that such use
'ould diminish the use or enjoyment of the surrounding property, impair the health, safety,
welfare of local residents, impede the use or development of the surrounding vacant
or excessively burden available services, including roads.
13
We conclude that the county did not have a legally sufficient reason to deny the
permit. "[W]hen a governmental body denies a permit with such insufficient evidence that
the decision is arbitrary and capricious," the general principle is that the appellate court
should order issuance of the permit. Interstate Power Co., Inc. v. Nobles County Bd. of
Comm'rs, 617 N.W.2d 566, 577 (Minn. 2000) (quotation omitted). We therefore reverse
decision of the county board and remand with directions that the county issue the
~ermit, subject to reasonable conditions.
2. Because we hold that the county acted arbitrarily in denying Yang's
we do not address Yang's assertion that the denial was motivated by purposeful
ation based on his race or ethnicity. We note, however, that our careful review of
record reveals no evidence of such discrimination by the county.
DECISION
Because the record does not support the county's denial of the conditional use
we reverse the county's decision and remand with directions that the county issue
permit, subject to reasonable conditions.
Reversed and remanded.
14