Agenda - Planning Commission - 11/04/2004

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Mira',. Si'al ~': 5c)q suUd i(ci Mil'tn. Stat 31 15 ..~a. suod. 217, i Minn. Stat. ~,? 462.358. subd 3b 4~1 fMimm. C! App. 2L)O~). Minn Stai. ~ I5 99, subd l~c~ Mimi. Slat. ~ 15.9g. subd 3iai. To/l~,j-a'ot~ £'~e~,.. D~c. ;, Cz.n,. c~i' Elk Ri~,e~.. 00,5 N W 2d 55-t ~'Minn. Ct. App. Ci0, oj'£:'tt/ttln. 609 N.\V '.7. d 278 iMilm i2L App 20001. Mmn Slat. ~. 5 The general rule provides that the failure cfa city' to deny a written request within 60 days is approval of the request. The sxatt~te also provides that a city's response meets the 60-day time limit i~ the city can document that the response ,~vas sent within 60 days of receipt of the wri~en request. A reques~ is a written application related to zoning, septic systems or the expansion of the metropolitan urban service area i-bt a permit, license or other government approval. The courts have been rather expansive in their interpretation o(the phrase '~reiated to zoning." and ~x[most all requests affecting the use of land have been treated as subject to the law. The statute does not apply to subdivision and plat approvals, since those processes are subject to their own timeffames. The N, linnesota Court ofAppeais has ruled that Minn. Stat. ~ 15.99 does not apply .to building permits. A request must be submitted in writing on the city's application form, if one exists. A request not on a 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 fo)rm, if the request does not incit~de infbrmation required by the city. The request is incomplete if it does not include the application fee. The 60-day time period does not begin to run if the city notifies the landowner in writing within 15 business days that the applica~tion is incomplete. (The 2003 Legislature increased the period fi'om J0 to J$ days.) The ci~' must aisc state what in~brrnation is missing. A city may want to consider developing a checklist and reviewing its zoning ordinances to make explicit wha~ items are required. When a zoning applicant materially amends its request to rezone prooerty the 60-day period runs Dora the date of' the written amendment, not from the date of the original application. But minor changes to a zoning request should not af`fec~ the running of' the 60-day period. The ,.Minnesota COLIFt Of Appeals had ruled that failure oF a motion to approve is nor a deniai. But the 2003 Legislature amended the statute to provide that the failure cfa motion to approve an application shall constitute a denial provided those voting against the motion state on the record the reasons why they oppose the reques*~. :i~m chapter ;asr r,-?mcd ),'2'-'!2t)t>'~ i-i..~.,~,iDBOOK i:Ol~. 'VIINNI~;50'F.A CITIES 86