Agenda - Planning Commission - 04/04/2013

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RELEVANT LINKS: Minn. Stat. § 462.357, subd. 3. Minn. Stat. § 462.3595, subd. 2. Minn Stat. § 462.357, subd. 3. See Sample Public Hearing Notice. For more information on conducting public hearings see LMC Information Memo, Public Hearings. For example, a finding of fact should not be "public opposition to the project is strong." But a finding of fact can be, "numerous statements were made at the public hearing by neighbors in the vicinity of the project that streets in the area are already highly congested. The addition of a shopping mall would significantly increase congestion on streets that are at capacity." Where possible, findings of fact that refer to statements by the public should be corroborated by studies and /or expert testimony or opinions. b) Conducting a public hearing Public hearings are required prior to the city taking action on numerous types of zoning issues. A public hearing must be held for: • Zoning ordinance adoption or amendment. • Conditional use permits. • Rezonings City ordinances may also require additional hearings for certain matters. Since variances are considered in the nature of a zoning amendment, some cities hold hearings for variance requests as well. As this is an unsettled area of law, please consult your city attorney on the practice of holding hearings for variances. Notice of the hearing must be published in the official newspaper at least 10 days prior to the hearing, and notice must be mailed to property owners within a 350 -foot radius of the land in question (including landowners within the 350 foot radius who may live outside the city). Public hearings should include a complete disclosure of what is being proposed, and a fair and open assessment of the issues raised. A public hearing must include an opportunity for the general public and interested parties to hear and see all information and to ask questions, provide additional information, express support or opposition, or suggest modifications to the proposal. Public hearings should be conducted with a goal of developing findings of fact to support the city's decision to grant or deny a zoning application. As a result, it may be helpful for the city to provide the public with guidelines for the procedure of the hearing and to encourage the public to present only factual evidence for public consideration. League of Minnesota Cities Information Memo: 9/10/2012 Zoning Guide for Cities Page 29