Agenda - Planning Commission - 11/04/2004

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CHAPTER lytton 5Lal : I 5 ,.~4. ~ui)d, ~J ;vhnn 'SLut :i 15 Oc~ :~ubd ~lcl MHm ~tal. ~ 13.'~g -~ubd 3(l'1 iVOl'[Jlel'il .~'l~'/t'Z; /)1)11'~1' (~'0. I' '/'t/',' O!',Wcl?dOr~l /¥e~,?hl,~'. 646 SOu2 ~ '~lmn ~l. aL. ~ 15 9~1. subd 3i. gJ ,Milm Sim i:[ i;~ q% ~uhd. ]ldl. ;vit[m ~lat Oil. !Ifil.) Generally if an agency city denies a request, it must give written reasons for its denial at the time it denies th4 request. When a multimember governing body such as a city council denies a request, it must state the reasons for denial on the record and provide'the applicant with a written stateme, nt of ti~e reasons for denial. If the written statement of the reasons for denial is not adopted at the same time as the denial, it must be adopted at the next meeti,ng following the denial of the request but before the expiration of the 60~day period. The written statement of the reasons for denial must be consistent with reasons stated in the record at the time of denial. The written statement of reasons must Be provided to the applicant upon adoption. The law allows a city, the opportunity to give itself an additional 60 days (up to a total of 120 days) to consider an application, if the city follows specific statutory requirements. [n order to avail itself of an additional 60 days, the city must give: 1. Written notification to landowner before ~he end of the initial 60- day period; 2. The reasons for extension; and 3. The anticipated length of the extension. The courts have been particularly demanding on local governments with regard to this requirement and- have required local governments to meet each element of the statute. An oral notice or an oral agreement to extend is insufficient. The reasons stated should be specific in order to intbrm the applicant exactly why the process is being delayed. Needing more time to fully consider the application may be an adequate reason. An applicant rnay by written notice request an extension of the time limit. A city can only go beyond 120 days if it gets the approval of the applicant. The city must either initiate the request in writing and have the applicant agree to it in writing, or the applicant by written request may ask ~br an exmnsion. The 60-day time period is also extended if a state statute requires a process to occur before the city acts on the application iftl~e process will make it impossible for the city to act within 60 days. The environmental review process is an example. If the city or state law requires the preparation of an environmental assessment worksheet (EA W) or an environmental impact statement (ELS) under the state Environmental Policy Act. the deadline is extended until 60 days after the environmental review process is completed. Likewise. ifa proposed development requires state or federal approval in addition to city action, the 60-day period for city action is extended until 60 days a&er the required prior approval is granted. FOR ¥11SNl!~O'l'-;. !~;'I'IES This chapter iast remsed 9/2012~.10'~ I~-15 87