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City of Deephaven, Minnesota

 

"two square miles of tranquility"

 

SECTION 1320 SPECIAL USE PERMITS

1320.01 Scope. This Section applies to all special use permits including additional uses not specifically designated in Section 1305.

1320.02 Special Use Permits for Additional or Permitted Uses. Under the procedure provided in this Section, additional and permitted uses allowed by special use permit may be allowed in a district by special permit and under limitation imposed by the Council when appropriate because of unusual characteristics of the use or the service provided to the public by the use. Such uses require special consideration regarding proper location in relation to adjacent or nearby existing or planned uses or in relation to the development of the community. The Council may grant special use permits for such uses, imposing limitations and safeguards in the permits.

1320.03 Evidence. In considering a request for a special use permit, the Council must be supplied with and consider evidence of the effect of the proposed use on the plan for development of the community; the character and development of the neighborhood; the health, safety, and welfare of occupants of surrounding lands; existing and anticipated traffic conditions, including parking facilities, on adjacent streets; and the effect on property values of the subject premises and in the surrounding area.

1320.04 Procedure.

Subd. 1. Application. Application for a special use permit will be made in writing on forms provided by the Clerk, and will be filed with the Clerk together with a filing fee in the amount required under Section 405.05.

Subd. 2. Planning Commission Recommendation. The Planning Commission will consider the application at any following regular or special meeting. After consideration, the Planning Commission will recommend to the Council that the application be granted or denied. The recommendation must include findings conforming to the evidentiary requirements in Section 1320.03.

Subd. 3. Notice. The Clerk will mail notice of the report of the Planning Commission and of the next Council meeting at which the application may be heard at least 10 days before the Council hearing. The notice will be mailed to all persons who own property within 350 feet of perimeter of the parcel in question, to the applicant and to Councilmembers.

Subd. 4. Council Hearing. The Council will consider the application at any following regular or special meeting. It will conduct a public hearing on any application at its next regular meeting held not sooner than 10 days after the report of the Planning Commission. The public hearing may be continued after this first regular meeting to a subsequent regular or special meeting, but the continuance may not be more than 60 days after the first regular meeting at which the application was heard.

Subd. 5. Council Decision. After the hearing, the Council will grant or deny the application by resolution which will include express and specific findings of fact and the specific conditions imposed in connection with the special use permit.

1320.05 Assignment. Applicants may not assign any application, evidentiary material or special use permit without consent of the Council.