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Minnetonka <br />Congregation of <br />Jehovah's Witnesses, <br />Inc. v. Svee, 226 <br />N.W.2d 306 (Minn. <br />1975) <br />Minn Stat. § 462.357, <br />subd. 3. <br />Minn. Stat. § <br />462.3595, subd. 2. <br />Minn. Stat. § 462.357, <br />subd. 3. <br />See Sample Public <br />Hearing Notice <br />However, this does not mean that all statements of the public must be <br />disregarded. A significant part of the zoning process is generally the public <br />hearing mandated by the Municipal Planning Act. The Municipal Planning <br />Act requires that all parties interested in an application, including the <br />applicant and neighbors, be granted an opportunity to speak and present their <br />views on the application. While general statements of opposition may not be <br />used as a finding of fact, statements made by the public that are concrete and <br />factual relating to the public welfare are acceptable findings. <br />For example, a finding of fact should not be "public opposition to the project <br />is strong." But a finding of fact can be, "numerous statements were made at <br />the public hearing by neighbors in the vicinity of the project that streets in <br />the area are already highly congested. The addition of a shopping mall would <br />significantly increase congestion on streets that are at capacity." Where <br />possible, findings of fact that refer to statements by the public should be <br />corroborated by studies and/or expert testimony or opinions. <br />b. Conducting a public hearing <br />Public hearings are required prior to the city taking action on numerous types <br />of zoning issues. A public hearing must be held for: <br />• Zoning ordinance adoption or amendment. <br />• Conditional use permits. <br />• Rezonings. <br />City ordinances may also require additional hearings for certain matters. <br />Since variances are considered in the nature of a zoning amendment, some <br />cities hold hearings for variance requests as well. As this is an unsettled area <br />of law, please consult your city attorney on the practice of holding hearings <br />for variances. <br />Notice of the hearing must be published in the official newspaper at least 10 <br />days prior to the hearing, and notice must be mailed to property owners <br />within a 350 -foot radius of the land in question (including landowners within <br />the 350 foot radius who may live outside the city). <br />34 LEAGUE OF MINNESOTA. CITIES <br />