02/04/80 - Laserfiche WebLink

Home

AND SCENIC ~IyER$ SY~TF-..M the proposed structure may be allowed to Conform to that pattern. (This provision shall apply only to lots which do not meet the mlntmum lo! width restrictions of the ordlnanee). (cc) Approval of a plat which is inconsistent with the local land use ordinance is permls, sible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal. (3) Procedures for the certification process (aa) A copy of all notices of any public hearings, or where a public hear{ng is not required, a copy of the application to consider zoning amend- meats, variances, or inconsistent plats under the local ordinance shall be received by the Commissioner at least thirty (30) days prior to such hearings or meetings to consider such actions. The notice or application shall include a copy of.the proposed ordinance or amendment, or a copy of the proposed inconsistent plat, or a description of the requested variance. ' (bb).The local authority shall notify the Commissioner of its final decision on the proposed action, within 10 days of the deelslon. (ce) The Commissioner shall, no later than 30 days ~rom the time he receives notice of the final decision, communicate to th~!__ocal-authority either:. · (i) Certification of approval, with or without conditions; or /fi) Ndtlce of non-approval. . .(dd) The action becomes effective wiaen and only when either:. (O The final decision taken by the local authority hag previously received certification of approval from the Commissioner; or (ii) The local authority receives certification of approval after its final decisio_n)..or ........... '-. Cfii)' Thirty days have elapsed from the day the Commissioner re- ceived notice of the final decision, and the local authority has received from the Comrrfissloner neither certification of approval .nor notice of non- approval; or (iv) The Commissioner certffies his approval after conducting a public hearing. (ce) irt the case of notice of non-approval of an ordinance or a variance or an inconsistent plat, either the applicant, or the chief executive officer of the county or municipality, may, within 30 days of said notice, file · with the Commissioner a demand for hearing. If the demand for hearing is not made within the 30 days, the notice of non-approval becomes final. Also: (i) The hearing shall be held in an appropriate local community within 60 days of the demand for it but not before 2 weeks published notice. Notice and the conduct of the hearing and the allocatiOn of costs of the hear- ing shall be accomplished in the same manner as provided in Minnesota Stats.- 105.44, subdivisions 5 and 6 0971) as amended. (ii) Within 30 days after the hearing, the Commissioner shall either certify his approval of the proposed action, or deny it. I-lis decision shill be based upon findings of fact made on substantial evidence found in the ~ .