Agenda - Planning Commission - 11/04/2004

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League of Minnesota Cities Insurance Trust 145 Universib/Avenue West. St. Paul, MN 55103-2044 (651) 28Z-Z200 , (800) 925-1122 Fax: (651) 281-1298 ,'TDD: (651) 281-1290 www.imnc, org LMCIT RISK MANAGEMENT MEMO THE NECESSITY OF ADEQUATE FINDINGS/ REASONS TO SUPPORT MUNICIPAL LAND USE DECISIONS When a ci~'s land use decision is challenged in court, the court's review is quite narrow. The standard of review of a city's land use decision is limited to whether the ci~ had a rational basis for its decision. ;'Land use decisions are entitled to great deference and will be disturbed on appeal only in instances in which the city's decision has no rational basis." SuperAmerica Group, Inc. v. Ci7 of£.itde Cancdct, 539 N.W.2d 264, 266 (Minn. App. 1995). That is, courts review a municipal body's decision [o determine if it is unreasonably arbitrary or capricious. S~vanson v. Ci~. of Bloomingron, 42l N.W.2d 307, .313 (Minn. 1988). This narrow.scope of review accorded to the [and use decisions of cities reflects judicial recognition that local governing bodies are in the best position to assess what zoning classifications and decisions best serve the public welfare. £ctrson v. ~?asfling[on Count, 387 N.W.2d 902, 905 (Minn. App. 1986).. In land use cases, Minnesota courts are looking for a sufScient statement of the reasons given by the cig/to grant or deny an application request. The role of the court is to examine the city's reasons and ascertain whether the record before the city council supports them. The reasons given by the city, must be [egalty sufficient and have a factual basis. Minnesota case law and statutory law demands that the reasons ~'or a city's decision on a land use case be articulated on the record. We recommend the cit7 adopt writing findings of fact, or "reasons," and conclusions of law when it makes land use decision. The city should approve a document that contains ail the relevant facts. The document should then apply those facts to the relevant criteria. When a city,' is presented with a land LISe application, the role of the city council/planning commission is to apply the facts, presented to the law and to articulate the reasons for its decision. The role of the city,' council/planning commiss'ion is to-determine and consider how the hcts presented to them compare with the city's articulated standards. The city, council and/or planning commission should base their decision on the facts presented at the hearing and then apply those facts to the legal standards contained in city, ordinances and relevant state law. City stat'f |'eports should reference applicable ci~ code provisions. (E.g. review standards in ordinance granting a variance.) 68 AN '-QUALOPPORTUNITY/AFFiRMAT!VEACTfON EMPLOYER