Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Minn. Stat. § 15.99, subd. 2 (a), (e). See LMC Information Memo, The 60 -Day Rule: Minnesota's Automatic Approval Statute. See LMC Information Memo Planning Commission Guide. On occasion, a local city zoning ordinance or charter may contain similar or conflicting time provisions. The 60 -Day Rule generally supersedes those time limits and requirements. Cities should adopt a procedure or set of procedures to ensure planning staff, the planning commission, and the city council follow the 60 -Day Rule. City staff should develop a timetable, guidelines and forms (checklists for each application may be helpful) to ensure that no application is deemed approved because the city could not act fast enough to complete the review process. B. Organizational structure for review of zoning applications The pressures posed by the 60 -Day Rule mandate that any city with a zoning ordinance have in place an efficient system of zoning administration. Generally, this system is composed of both staff and city officials, who ensure that zoning applications are reviewed and answered in a timely manner and that zoning ordinance provisions are enforced. 1. The zoning administrator Typically, a city will have a staff person who acts as the "Zoning Administrator" who is the first point of contact with the public on zoning matters and provides and receives zoning application forms. Generally, this person will also perform a preliminary review of the application, refer the application to the Planning Commission (if one exists) or City Council for review and offer one or both bodies a staff report reviewing the adequacy of the application. Depending on the size of the city and the number of zoning applications the city typically receives, the position of zoning administrator may be a full -time position or a part -time position. In some cities, the city clerk simply bears the additional title of zoning administrator. 2. The planning commission Cities may choose to establish planning commissions to assist in zoning administration, but are not required to do so. (However, if a city has adopted a comprehensive plan, a planning commission is mandatory). Usually, it is a good idea to create a planning commission, because city council officials have multiple budgeting, legislative and administrative duties that they must perform in addition to their land use responsibilities. Planning commissions, on the other hand, are usually composed of people who focus solely on zoning and development and, thus, can devote their full attention. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 24