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Planners advise commissioners not to require all permits before applying for CUPs
Summary
Staff relayed legal advice that requiring applicants to obtain all other permits before applying for a conditional-use permit (CUP) is impractical; the planning commission recommended keeping the existing practice of placing permit requirements as conditions on the CUP and preventing recording until conditions are met.
Planning staff presented proposed language to require applicants to submit verification of all federal, state and local permits at the time of a conditional-use permit (CUP) application. Staff read a legal opinion from attorney Jason Kabushak advising against requiring all permits up front, saying that doing so is often impractical and can make it harder for the county to deny a CUP if every permit is already issued.
The reading of the legal opinion included: “For most applicants, it is not practical to seek all other permits before applying for a CUP,” and recommended adding conditions that require applicants to obtain necessary permits prior to acting on the CUP and to prohibit recording the CUP until conditions are met. Board members said this reflects current practice and noted the county already uses conditions and recording restrictions to prevent partially approved projects from moving forward.
After discussion commissioners moved to recommend to the county board that the proposed amendment (requiring verification of all other permits at time of application) not be added and to retain the current approach of imposing permit requirements as conditions. The motion passed on roll call and the item will be forwarded to the county board.
