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

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While no one likely would argue the language includes requests for parcels specific to rezonings, and requests for conditional use permits and variances, courts have also found the law applicable to requests for sign permits, wetlands determination review, and road permits. In short, almost all requests affecting the use of land have been treated as subject to the law. Subdivision and plat approvals are an exception, since those processes are subject to their own timeframes. The law also does not apply to applications for building permits. Building permits are issued pursuant to the State Building Code to regulate the construction process; they do not regulate the use of land that may occur in a particular zoning district. Therefore, they are not "related to zoning." More Information Learn more from these resources: • Zoninq Decisions • Zoninq Guide for Cities 9 What happens if the city fails to deny a request within the statutory time period? Failure of a city to deny a written request within the statutory time period results in automatic approval of the request. Automatic approval can be a harsh penalty. Examples of requests that automatically were approved because the city failed to timely deny the request include a request for a permit to operate a landfill, a request for a permit to build a telecommunications tower, and a request for a permit to install electrical transmission lines. Failing to deny a request within the statutory time period can have severe consequences. What constitutes a denial under the law? There have been a number of court decisions on the question of what constitutes denial of a request. In most situations, the courts have required that the city council actually pass a resolution or motion denying the request. In fact, the Minnesota Supreme Court went so far as to find that an unsuccessful motion to approve was not the equivalent of a denial. That decision was overturned by the 2003 Legislature, which amended the law to provide that a motion to approve which fails is the equivalent of a denial, as long as those voting against the motion state, on the record, the reasons for denying the request. The courts also have required a formal motion to deny approval even when a city has a moratorium in place that would otherwise prohibit the proposed application. Along with the denial motion, the law requires that the city adopt written findings supporting denial. The law states: "If the written statement is not adopted at the same time as the denial, it must be adopted at the next meeting following the denial of the request but before the expiration of the time allowed for making a decision under this section." The law also requires that the: "Written statement must be consistent with the reasons stated in the record at the time of the denial. The written statement must be provided to the applicant upon adoption." In 2007, the Supreme Court of Minnesota held that failure to provide the applicant with the written reasons for denial of a request within the 60-day period did not result in automatic approval because the law's requirement to provide the applicant with written reasons was only directory and 3