Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Minn. Stat. § 462.357, subds. 2, 5. A.G. Op. 59 -A -32 (Jan. 25, 2002). Minn. Stat. § 412.191, subd. 4. Minn. Stat. § 331A.02. Minn. Stat. § 331A.04. See Handbook, Chapter 7 for more information on publishing ordinances in summary form. See LMC Information Memo, The 60 -Day Rule: Minnesota's Automatic Approval Statute. Minn. Stat. § 15.99. Manco of Fairmont v. Town Bd. of Rock Dell Township, 583 N.W.2d 293 (Minn. Ct. App. 1998). Hans Hagen Homes, Inc. v. City of Minnetrista, 728 N.W.2d 536 (Minn. 2007). Minn. Stat. § 15.99, subd. 1(c). Minn. Stat. § 15.99, subd. 2(a). Minn. Stat. § 462.358, subd. 3b. Advantage Capital Mgmt, v. City of Northfield, 664 N.W.2d 421 (Minn. Ct. App. 2003). If there is no planning commission, the city council itself should review and address comments from the public hearing and make any appropriate and reasonable revisions. Zoning ordinances must be adopted by a majority vote of all of the members of the council. For example, this would mean three votes on a five member council. One Minnesota attorney general opinion has found that charter cities may not provide for different voting requirements in their city charter, because the Municipal Planning Act supersedes inconsistent charter provisions. 2. Publication After adopting or amending a zoning ordinance, the council must publish or summarize it in the official newspaper. V. Zoning ordinance administration A. The 60 -Day Rule Most importantly in administering a zoning ordinance, cities must remember that they generally have only 60 days to approve or deny a written request relating to zoning, including rezoning requests, conditional use permits, and variances. This requirement is known as the "60 -Day Rule." The 60 -Day Rule is a state law that requires cities to approve or deny a written request relating to zoning within 60 days or it is deemed approved. The underlying purpose of the rule is to keep governmental agencies from taking too long in deciding land use issues Minnesota courts have generally demanded strict compliance with the rule. 1. Scope of the rule The rule applies to a "request a related to zoning." The courts have been rather expansive in their interpretation of the phrase "related to zoning," and many requests affecting the use of land have been treated as subject to the law. The statute creates an exception for subdivision and plat approvals, since those processes are subject to their own timeframes. The Minnesota Court of Appeals has ruled that Minn Stat. § 15.99 does not apply to building permits. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 21