Agenda - Planning Commission - 11/04/2004

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Elements of tile Law PVhat is a "written request" for purposes of starting the 60-day period? What constitutes a '"written request" has been the subject of several court decisions.. For instance, it has been argued that a request submitted on the back Of a.napkin was enough to start the clock. The courts have also found that submission of a request in a letter or as part of a settlement proposai may be enough ro start the time running. The 2003 legislature clarified the law in this regard by defining a written request as a submission on a city approved form, or if there is no form, submission ora writing with the specific governmental approval sought listed on the first page of the document. To summarize: · The request must be submitted in writing on the city's application form. · A request not on the city's form must clearly identify on the first page the approval sought. The city may reject as incomplete a request not on the city's form, if the applicant does not include all required information. PI'hat i.y con,~'idered "related to zom'ng?" it might be useful here to quote the precise wording of the s_tatute to see that the statute on its face covers much more than just requests "related to zoning." Except as otherwise provided in this section 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, or expansion of the metropolitan urban service area for a permit, license, or other governmental approval of an action. Minn. Stat. § 15.99 subd. 2 (2002) The courts have been rather expansive in their interpretation of the phrase ;'related to zoning." While no one would likely argue that it includes requests for parcels specific to rezon/ngs, and requests for conditional use permits and variances; courts have also round the law applicable to requests for sign permits, wetlands determination review, subdivision approval, request for road permit, in short, almost all requests affecting the use of land have been treated as subject to the [aw. The 2003 legislature clarified the law a bit when it held that the statute did not apply to subdivision and plat approvals, since those processes are subject to their own timeffames. In addition, the Minnesota Court of Appeals has ruled that Minn. Stat. § 15.99 does not apply, to building permits. Pghat con3'titutes c~ denial under the law? There have been a number of court decisions on the question of what constitutes denial of a request, in most situations, the courts have required the city council to actually pass a motion denying the request. In tact, the Minnesota Supreme Court went so tar as to find that an -2-