Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Minn. Stat. § 462.354, subd. t. Minn. Stat. § 462.357, subd. 3. Minn Stat. § 462.357, subd. 3. Minn. Stat. § 462.354, subd. 2. Minn. Stat. § 462.3595. Minn. Stat. § 462.354, subd. 2. Minn. Stat. § 462.357, subd. 6. Planning commissions are created by ordinance or charter and may vary in size. City council members may be appointed to serve as commission members. Once formed, planning commissions, with city council consent, may adopt bylaws or their own rules of procedure. The city may provide the planning commission with staff, including legal counsel, as necessary. In many cities all zoning applications for conditional use permits, rezoning and variances are submitted to the planning commission for review. If a planning commission exists, state law requires that the planning commission must review zoning ordinance amendments and amendments to the official map. With limited exceptions, the planning commission's role in reviewing all types of zoning applications is generally advisory. The City Council usually gives the planning commission recommendations great weight in their considerations, but is not bound by them. The planning commission may hold required public hearings on behalf of the city council, such as a hearing for a zoning ordinance amendment. 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. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 25