Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Minn. Stat. § 15.99, subd. 3(0. American Tower, L.P. v. City of Grant, 636 N.W.2d 309(Minn. 2001). Northern States Power Co. v. City of Mendota Heights, 646 N.W.2d 919 (Minn. Ct. App. 2002). Minn. Stat. § 15.99, subd. 3 (g). Minn. Stat. § 15.99, subd. 3 (g). Minn. Stat. § 15.99, subd. 3(d), (e). Minn. Stat. ch. 116D. Minn. R. ch. 4410. 4. Extensions The law allows a city the opportunity to give itself an additional 60 days (up to a total of 120 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 give the applicant: • Written notification of the extension before the end of the initial 60 -day period; • The reasons for extension; and • The anticipated length of the extension. The courts have been particularly demanding on local governments with regard to this requirement and have required local governments to meet each element of the statute. An oral notice or an oral agreement to extend is insufficient. The reasons stated in the written notification should be specific in order to inform the individual applicant exactly why the process is being delayed. Needing more time to fully consider the application may be an adequate reason. As demonstrated in one Minnesota Supreme Court case, the written notification should not take the form of a blanket statement on the zoning application that the city will need the extension. An applicant may also request an extension of the time limit by written notice. If a city receives an applicant request for an extension, this should be thoroughly documented. Once the city has granted itself one 60 day extension, additional extensions must be negotiated with the applicant. A city can only go beyond 120 days if it gets the approval of the applicant. The city must initiate the request for additional time in writing and have the applicant agree to an extension in writing. The applicant may also ask for an additional extension by written request. The 60- day time period is also extended if a state statute requires a process to occur before the city acts on the application if the process will make it impossible for the city to act within 60 days. The environmental review process is an example. If the city or state law requires the preparation of an environmental assessment worksheet (EAW) or an environmental impact statement (EIS) under the state Environmental Policy Act, the deadline is extended until 60 days after the environmental review process is completed. Likewise, if a proposed development requires state or federal approval in addition to city action, the 60 -day period for city action is extended until 60 days after the required prior approval is granted from the state or federal entity. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 23