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

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not mandatory. Then in 2010, the Supreme Court of Minnesota went a step further and held that the law's requirement that the council adopt "written -reasons" for a denial was directory, not mandatory. Therefore, where a municipality denied a written request related to zoning within the time period provided for by the law, but failed to provide written reasons for denying the request, the request was not automatically approved under Minn. Stat. Sec. 15.99. However, the Court also cautioned that while failure to provide written reasons for the denial did not result in automatic approval under Minn. Stat. Sec. 15.99, it could still result in the reviewing court overturning the denial because it was deprived of the record necessary to uphold the city's decision. In other words, even though a city's failure to provide contemporaneous written reasons for denying the request may not result in automatic approval of the request, the city must still state legally sufficient reasons for denying the request or the court may not sustain the decision. What about the internal appeals process? The statutory time period runs until there is a final approval or denial of a request. There is not a final approval or denial until all internal appeals processes have been resolved. As a result, the city must structure any internal appeals process so all appeals are resolved within the statutory time period. What needs to be done for the city to extend the time period for an additional 60 days? The law allows a city the opportunity to give itself an additional 60 days to consider an application, if the city follows specific statutory requirements. In order to avail itself of an additional 60 days, the city must provide the landowner a written notification within the initial 60- day period that details: • The reasons for extension. • The anticipated length of the extension. The courts have been particularly demanding on local governments with regard to this requirement. They have required local governments to meet each element of the statute. Oral notice or an oral agreement to extend is insufficient. However, extending the time period "to take an additional 60 days to make a decision on an application" has been held to be a sufficient written reason for an extension. What is needed to extend beyond 120 days? A city only can go beyond 120 days if it gets the approval of the applicant. The city must either initiate the request in writing and have the applicant agree to it in writing, or the applicant by written request, may ask for an extension. Otherwise, the city must act on the request within the designated timeframe. Again, the courts have demanded strict compliance with the statutory requirements. Accordingly, oral representations or actions by the applicant should not be treated as justification for delaying action on a permit. James Monge 1/11 Ae Your Leaaue Resource For more information, please contact Jed Burkett, Loss Control Land Use Attorney, at: 651-281-1247 or iburkett@lmc.org 4