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

Home

RELEVANT LINKS: Minn. Stat. § 462.354, subd. 2. Minn. Stat. § 462.357, subd. 6. Minn. Stat. § 462.354, subd. 2. Minn. Stat. § 15.99. State, by Rochester Ass'n of Neighborhoods v. City of Rochester, 268 N.W.2d 885 (Minn. 1978). For more information on applications for re -zoning see Section V -C Standards for reviewing zoning applications: limits on city discretion. The varying discretion available to cities in making zoning decisions has been described as following a pyramid diagram. 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 make the final determination. The board hears requests for variances from the zoning code and makes the determination to grant or deny the variance. In addition, the Board of Appeals and Adjustment hears requests for reconsideration of zoning applications (usually denials), where it is alleged there has been an error in the administration of the zoning ordinance. The ordinance establishing the board must provide notice and time requirements for hearings before the board. All orders by the board are due within a reasonable time. Requests before the board are subject to the 60 -day rule. C. Standards for reviewing zoning applications: limits on city discretion When drafting and adopting a zoning ordinance, cities have enormous discretion in choosing their language and specifying uses as permitted, prohibited or conditional in particular districts. When drafting and adopting a zoning ordinance, the city is said to be utilizing its legislative (or law- making) authority. When using its legislative authority, the only limits on the city's zoning authority are that action must be constitutional, rational and in some way related to protecting the health, safety and welfare of the public. This is known as the "rational basis standard" and is generally a very friendly standard for cities to meet. In contrast, when administering an existing zoning ordinance (for example when reviewing specific zoning applications for conditional use permits), the city's discretion is much more limited. Generally, when reviewing a zoning application (with the exception of rezoning applications), the city is no longer acting in its legislative capacity. When reviewing zoning applications, the city is said to be exercising a quasi-judicial function. Rather than legislating for the broad population as whole, the city is making a quasi-judicial (judge -like) determination about an individual zoning application regarding whether the application meets the standards of the city ordinance. League of Minnesota Cities Information Memo: 1/20/2015 Zoning Guide for Cities Page 25