Agenda - Planning Commission - 04/07/2011

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Minn. Stat. § 15.99, subd. 3(g). Minn Stat. § 15.99, subd. 3(g). Minn. Stat. § 15.99, subd. 3(d), (e). Minn. Stat. ch. 116D. Minn. R. ch. 4410. Minn. Stat. § 15.99, subd. 2(a), (e). See LMCIT risk management memo, The 60 -Day Rule: Minnesota's Automatic Approval Statute. An applicant may also request an extension of the time limit by written notice. If a city receives an applicant request for an extension, this should be thoroughly documented. Once the city has granted itself one 60 day extension, additional extensions must be negotiated with the applicant. A city can only go beyond 120 days if it gets the approval of the applicant. The city must initiate the request for additional time in writing and have the applicant agree to an extension in writing. The applicant may also ask for an additional extension by written request. The 60 -day time period is also extended if a state statute requires a process to occur before the city acts on the application if the process will make it impossible for the city to act within 60 days. The environmental review process is an example. If the city or state law requires the preparation of an environmental assessment worksheet (EAW) or an environmental impact statement (EIS) under the state Environmental Policy Act, the deadline is extended until 60 days after the environmental review process is completed. Likewise, if a proposed development requires state or federal approval in addition to city action, the 60 -day period for city action is extended until 60 days after the required prior approval is granted from the state or federal entity. On occasion, a local city zoning ordinance or charter may contain similar or conflicting time provisions. The 60 -Day Rule generally supersedes those time limits and requirements. Cities should adopt a procedure or set of procedures to ensure planning staff, the planning commission, and the city council follow the 60 -Day Rule. City staff should develop a timetable, guidelines and forms (checklists for each application may be helpful) to ensure that no application is deemed approved because the city could not act fast enough to complete the review process. B. Organizational structure for review of zoning applications The pressures posed by the 60 -Day Rule mandate that any city with a zoning ordinance have in place an efficient system of zoning administration. Generally, this system is composed of both staff and city officials, who ensure that zoning applications are reviewed and answered in a timely manner and that zoning ordinance provisions are enforced. 28 LEAGUE OF MINNESOTA. CITIES