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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
Document Date
04/04/2013
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RELEVANT LINKS: <br />State, by RochesterAss'n of <br />Neighborhoods v. City of <br />Rochester. 268 N.W.2d 885 <br />(Minn. 1978). <br />Alexander v. City of <br />Minneapolis, 125 N.W.2d <br />583 (Minn. 1963). <br />See Handbook, Chapter 16 <br />for more information on <br />environmental review. <br />Minn. Stat. § 116D. <br />Minn. R. ch. 4410. <br />Minn. Stat. § 16D.02. <br />Minn. Stat. § 15.99, subd. <br />3(d), (e). <br />Minn. Stat. § 116D. <br />Minn. R. ch. 4410. <br />See Section V -A The 60 -Day <br />Rule. <br />Minn. Stat. § 462.353, subd. <br />4(a). <br />Minn. Stat. § 462.353, subd. <br />4(b). <br />• Is unsupported by any rational basis relating to promoting public <br />welfare. <br />• Establishes a use classification inconsistent with surrounding uses and <br />creates an island of nonconforming use within a larger zoned district (for <br />example one lot where industrial uses are permitted in an otherwise <br />residential zone). <br />• Dramatically reduces the value for uses specified in the zoning ordinance <br />of either the rezoned plot or abutting property. <br />Spot zoning that results in a total destruction or substantial diminution of <br />value of property may be considered a form of regulatory taking of private <br />property without compensation. In these rare instances, a property owner <br />may be entitled to compensation for damages related to a legislative <br />rezoning. <br />D. Environmental review <br />Minnesota has adopted a comprehensive and detailed environmental review <br />program to determine the significant environmental effects of private and <br />governmental actions. The idea behind the program is that if governmental <br />bodies require documents that identify the environmental consequences of a <br />proposed development and those documents are available to the public, <br />decision - makers can incorporate environmental protection into the proposed <br />development. The law prohibits the issuance of permits or development <br />prior to completion of necessary documents. <br />The state - mandated environmental review process usually occurs in <br />conjunction with the city's administration of its zoning ordinance. The <br />environmental review process may require the city to delay consideration of <br />an application. The 60 -Day Rule allows an extension for these purposes. <br />E. Fees and escrow <br />Proper zoning administration may require significant financial commitment <br />from a city. However, a city may establish land use fees under the Municipal <br />Planning Act sufficient to defray the costs incurred by the city in reviewing, <br />investigating, and administering an application for an amendment to an <br />official control, or an application for a permit or other approval required <br />under the zoning ordinance. <br />Fees are required by law to be fair, reasonable, proportionate, and be linked <br />to the actual cost of the service for which the fee is imposed. All cities are <br />required to adopt management and accounting procedures to ensure fees are <br />maintained and used only for the purpose for which they are collected. Upon <br />request, a city must explain the basis of its fees. <br />League of Minnesota Cities Information Memo: 9/10/2012 <br />Zoning Guide for Cities Page 36 <br />
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