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LSIC <br /> <br />LMCIT <br />Risk Management Intbrmation <br /> <br />145 University Avenue West, St. Paul, MN 55103-20~4 <br />Phone: (651) 281-1200 · (800) 925-1122 <br /> Fax: (651) 281-1298 · TDD (651) 281-1290 <br /> w-~v.lmcit.lmne.org <br /> <br /> TEN TIPS FOR AVOIDING LAND USE CLAIMS <br /> <br />Regularly Review Land Use Controls. Periodically review zoning and subdivision <br />regulations to insure that regulations are consistent with recent laws, court decisions, staff <br />interpretations, unwritten city policies, comprehensive plans, and other community goals. <br /> <br />Process requests in a timely manner. Process applications for zoning and subdivision <br />approvals in a timely manner, paying particular attention to internal ordinance <br />requirements and the statutory 60 day rule. I£ city can not act on application within the <br />60 day period, make sure Written notice is sent to the applicant in order to extend the <br />period tbr an additional 60 days. <br /> <br />Give appropriate notices. Make sure all required pub{lc hearing notices are given. <br />(Comply' with statutory mailed and published notice requirements, ordinance <br />requirements or past practices.) <br /> <br />Avoid making promises. The City council, planning commission members, and city <br />staff should avoid making promises to the applicant, neighbors or others. City staff <br />should refrain fi'om speaking for the council. <br /> <br />Public body as unbiased fact finder. The City Council/Planning commission should <br />avoid prejudging applications. The body holding the public hearing is supposed to be <br />act ng like an impa~rial judge. <br /> <br />Develop written hearing procedures. Develop written public hearing procedures so <br />everyone is aware of the process in advance. Procedures should address issues such as <br />the order of the hearing, time limits on presentations, urging those with common views to <br />choose a spokesperson, and demanding respect and proper decorum during the hearing. <br />Personal attacks against the applicant, city council, city staff; and others should not be <br />tolerated. <br /> <br />Assure process for eliciting relevant facts. Hearing shou[d be designed to elicit all <br />relevant facts. Each side should be given sufficient time to offer relevant testimony and <br />evidence. <br /> <br />The role of neighborhood opposition. Neighborhood opposition alone is not a basis fbr <br />denying an application. The cir./council/planning commission should take care to <br />differentiate between the quantity and qualit?' of neighborhood concerns. Often <br /> <br />58 <br /> <br /> <br />