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

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Minn. Stat. § 462.354, subd. 2 Minn. Stat. § 462.3595 Minn. Stat. § 462.354, subd. 2 and 462.357, subd. 6. 3. Planning departments Cities may also form a planning department. In cities that chose this option, the planning commission becomes advisory to the planning department while the planning department takes on the role of advising city council. 4. The city council In many cities the city council makes the final determination on all applications for rezoning, conditional use permits and interim use permits after consulting the zoning administrator, planning commission and City Attorney as needed. However, the Municipal Planning Act allows cities to delegate final decision making authority concerning conditional use permits to a "designated authority" (presumably the Planning Commission). The City Council cannot delegate its authority to grant rezoning applications and interim use permits. 5. Board of zoning adjustment and appeals State law requires all cities that have adopted a zoning ordinance to create a Board of Appeals and Adjustments. The Board of Appeals and Adjustment must be created by ordinance. The council may designate itself as the Board of Appeals and Adjustments, or appoint a separate board or the planning commission to serve the city in this capacity. If the board is a separate body, the council can provide in its ordinance that board decisions are: • final and subject only to judicial review; • final subject to appeal to the council and judicial review; or • only advisory to the council, who will makes the final determination. The board hears requests for variances from the zoning code and makes the determination to grant or deny the variance. In addition, the Board of Appeals and Adjustment hears requests for reconsideration of zoning applications (usually denials), where it is alleged there has been an error in the administration of the zoning ordinance. 30 LEAGUE OF MINNESOTA CITIES