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Agenda - Planning Commission - 04/04/2013
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Agenda - Planning Commission - 04/04/2013
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Meetings
Meeting Document Type
Agenda
Meeting Type
Planning Commission
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04/04/2013
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RELEVANT LINKS: <br />Minn. Stat. § 15.99, subd. <br />1(c). <br />Minn. Stat. § 15.99, subd. <br />3(a). <br />Minn. Stat. § 15.99, subd. <br />3(c). <br />Tollefson Dev., Inc. v. City of <br />Elk River, 665 N.W.2d 554 <br />(Minn Ct App.2003). <br />Minn. Stat. § 15.99, subd. <br />2(a). <br />Johnson v Cook County, No. <br />A08 -1501 (Minn. 2010) <br />(unpublished decision). <br />Minn. Stat. § 15.99, subd. <br />2(c). <br />Hans Hagen Homes, Inc. v. <br />City of Minnetrista,728 N.W. <br />2d 536 (Minn. 2007). <br />Minn. Stat. § 15.99, subd. <br />2(b). <br />2. Applications <br />A request must be submitted in writing on the city's application form, if one <br />exists. A request not on the city's form must clearly identify on the first page <br />the approval sought. The city may reject as incomplete a request not on the <br />city's form, if the request does not include information required by the city. <br />The request is also considered incomplete if it does not include the <br />application fee. <br />The 60- day time period does not begin to run if the city notifies the <br />landowner in writing within 15 business days of receiving the application <br />that the application is incomplete. The city must also state what information <br />is missing. <br />If a city grants an approval within 60 days of receiving a written request — <br />and the city can document this - it meets the time limit even if that approval <br />includes certain conditions the applicant must meet. Subsequently, if the <br />applicant fails to meet the conditions, the approval may be revoked or <br />rescinded. An applicant cannot use the revocation or rescission to claim the <br />city did not meet the 60 -day time limit. <br />When a zoning applicant materially amends their application, the 60 -day <br />period runs from the date of the written request for the amendment, not from <br />the date of the original application. However, minor changes to a zoning <br />request should not affect the running of the 60 -day period. <br />3. Denials <br />If an agency or a city denies a request, it must give written reasons for its <br />denial at the time it denies the request. When a multimember governing <br />body such as a city council denies a request, it must state the reasons for <br />denial on the record and provide the applicant with a written statement of the <br />reasons for denial. The written statement of the reasons for denial must be <br />consistent with reasons stated in the record at the time of denial. The written <br />statement of reasons for denial must be provided to the applicant upon <br />adoption. <br />State statute provides that the failure of a motion to approve an application <br />constitutes a denial, provided that those voting against the motion state on <br />the record the reasons why they oppose the request. This situation usually <br />occurs when a motion to approve fails because of a tie vote, or because the <br />motion fails to get the required number of votes to pass. <br />League of Minnesota Cities Information Memo: 9/10/2012 <br />Zoning Guide for Cities Page 22 <br />
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