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Yang v. County of Carver

May 20, 2003

THOR YANG, RELATOR,
v.
COUNTY OF CARVER, ET AL., RESPONDENTS.



Carver County Board of Commissioners File No. 12947

Considered and decided by Willis , Presiding Judge, Schumacher , Judge, and Anderson , Judge.

SYLLABUS BY THE COURT

A denial of a conditional use permit by the county is arbitrary and capricious where the proposed use meets the requirements specified by the relevant zoning ordinance and the reasons for the denial have no factual basis in the record.

The opinion of the court was delivered by: Robert H. Schumacher, Judge

Reversed and remanded

OPINION

By writ of certiorari, relator Thor Yang appeals the decision of respondent County of Carver to deny his application for a conditional use permit, asserting that the denial is arbitrary and capricious because the county had no legally sufficient reason to deny and that the denial was motivated by discriminatory intent. Because the county had no legally sufficient 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 custom slaughterhouse as a farm-related business on his 40-acre property in Hollywood Township. In a custom slaughterhouse, animals are purchased and slaughtered on-site; all meat derived from the slaughter is returned to the purchaser. See Minn. R. 1540.0010, subp. 7 (2000). The local zoning ordinance required Yang to obtain a conditional use permit because a farm-related business is a permitted conditional use within the zoning district. See Carver County, Minn. Zoning Ordinance No. 32S (2000).

The Carver County Board of Commissioners must find a proposed use meets the following 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 ...


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