Agenda - Planning Commission - 06/02/2011 - Special Jt Mtg w CC

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• The 60-day time period is stopped, while other necessary state or federal approvals are being sought. • The 60-day time period does not apply to applications for subdivision approval. (The subdivision statute Minn Stat. Sec. 462.358, subd. 3b provides its own time periods of 120 days for preliminary plat approval and 60 days for final plat approval.) Elements of the Law What is a "written request" for purposes of starting the 60-day period? What constitutes a "written request" has been the subject of several court decisions. For instance, it has been argued that a request submitted on the back of a napkin was enough to start the clock. The courts also have found that submission of a request in a letter or as part of a settlement proposal may be enough to start the time running The 2003 legislature clarified the law in this regard by defining a written request as a submission on a city approved application form, or if there is no form, submission in writing with the specific governmental approval sought listed on the first page of the document. What about an incomplete application? If the city receives an application that does not include all the city required information, the clock does not begin to run, if within 15 days of receipt of the application, the city informs the applicant in writing that the application is incomplete and what information is missing. (This timeframe was increased by the 2003 Legislature from 10 to 15 days.) Therefore, the city should give some thought to being clear about exactly what information it requires for various types of land use applications. The city may want to consider developing a checklist and reviewing its zoning ordinances to make explicit what items are required. This will not only help the applicant, but will act as a sort of fail-safe mechanism for city staff who need to thoroughly evaluate applications within the first 15 days. What is considered "related to zoning?" It is useful to look at the precise wording of the statute — Minn. Stat. Sec. 15.99 subd. 2 (2011) — to see that the statute, on its face, covers much more than just requests "related to zoning." "Except as otherwise provided in this section, section 462.358 subd. 3b, or 473.175, or chapter 505, and notwithstanding any other law to the contrary, an agency must approve or deny within 60 days a written request relating to zoning, septic systems, watershed district review, soil and water conservation district review, or expansion of the metropolitan urban service area for a permit, license, or other governmental approval of an action." // Hihliht The law allows cities a 60-day extension to consider an application if the city follows specific statutory requirements. To do so, cities must provide the landowner a written explanation during the initial 60-day period that details the reasons for the extension and the anticipated `length of the extension. fJ The courts have been rather expansive in their interpretation of the phrase "related to zoning." 2