Agenda - Environmental Policy Board - 04/20/2015 - Joint with Planning Comm

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RELEVANT LINKS: LMC information memo Meetings of City Councils. For more information on the 60 -Day Rule see the LMC information memo, The 60 - Day Rule: Minnesota's Automatic Approval Statute. Minn. Stat. § 15.99. Manco of Fairmont v. Town Bd. of Rock Dell Township, 583 N.W.2d 293 (Minn. Ct. App. 1998). Hans Hagen Homes, Inc. v. City of Minnetrista, 728 N.W.2d 536 (Minn. 2007). Minn. Stat. § 15.99, subd. 1(c). Minn. Stat. § 15.99, subd. 2(a). Minn. Stat. § 462.358, subd. 3b. Advantage Capital Mgmt, v. City of Northfield, 664 N.W.2d 421 (Minn. Ct. App. 2003). The Open Meeting Law also contains some specific notice and record- keeping requirements which are discussed in detail in the LMC Information Memo Meetings of City Councils. B. The 60 -Day Rule Cities generally have only 60 days to approve or deny a written request relating to zoning, including rezoning requests, conditional use permits and variances. This requirement is known as the "60 -Day Rule." The 60 -Day Rule is a state law that requires cities to approve or deny a written request relating to zoning within 60 days or it is deemed approved. The underlying purpose of the rule is to keep governmental agencies from taking too long in deciding land use issues Minnesota courts have generally demanded strict compliance with the rule. All planning commission review of zoning related applications must be completed in a manner that allows the city to complete its entire approval process within the timeframe dictated by the 60 -Day Rule. Local ordinance should not establish timeframes for planning commission review of applications or appeal of commission decisions that do not allow the city to comply with the 60 -Day Rule. 1. Scope of the rule The rule applies to a "request related to zoning." The courts have been rather expansive in their interpretation of the phrase "related to zoning." It is useful to look at the precise wording of the statute to see it covers much more than just requests "related to zoning." "Except as otherwise provided in this section, section 462.358 subd. 3b, or 473.175, or chapter 505, and notwithstanding any other law to the contrary, an agency must approve or deny within 60 days a written request relating to zoning, septic systems, watershed district review, soil and water conservation district review, or expansion of the metropolitan urban service area for a permit, license, or other governmental approval of an action." The language covers requests for rezonings, conditional use permits and variances. Courts have also found the law applies to requests for sign permits, wetlands determination review, and road permits. In short, almost all requests affecting the use of land have been treated as subject to the law. Subdivision and plat approvals are an exception, since those processes are subject to their own timeframes. The law also does not apply to applications for building permits. League of Minnesota Cities Information Memo: 1/20/2015 Planning Commission Guide Page 19