Agenda - Planning Commission - 04/04/2019 - Work Session

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RELEVANT LINKS: LMC information memo Taking the Mystery out of Findings of Fact. LMC information memos: Taking the Mystery out of Findings of Fact; Zoning Decisions. Minn. Stat. § 15.17. Minn. Stat. § 138.225. Minn. Stat. §§ 138.161-.21. When a city land use decision is reviewed by a court of law, the court requires cities to document the basis for their land use decisions in written, contemporaneous findings of fact. Planning commission bylaws or city policy should set the requirements for meeting minute approval and content. For example, a policy may require the minutes to reflect all motions and resolutions and votes taken by the commission. Planning commission policy also may assign responsibility for minute taking to the commission secretary or to a city staff member. 2. Findings of fact In addition to minutes, whenever the planning commission makes an official recommendation related to a matter referred to it by council or on a land use application submitted to the city (for example, a conditional use permit, zoning amendment, variance or subdivision application), it should create written findings of fact supporting the recommendation. Findings of fact from the planning commission serve three important roles: • They articulate to the city council the planning commission's recommendations on issues before the commission, including its basis for making its recommendations. • They communicate to a land use applicant the commission's approval of a project or identify for the applicant disapproval and the reasons for such disapproval. • They support the city's ultimate decision on the issue should the city's decision be challenged in court. In land use cases, Minnesota courts are looking for a sufficient statement of the reasons given by the city 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 legally sufficient and have a factual basis. Minnesota case law and statutory law demand that the reasons for a city's decision on a land use case be articulated in the official record. Written findings of fact, or "reasons," and conclusions of law are required whenever an application is denied. In addition, written findings of fact and conclusions of law are strongly recommended whenever a decision or recommendation related to a land use decision is made. Findings of fact and creating accurate records are discussed at length in the LMC Information Memo "Zoning Guide for Cities." 3. Records retention requirements State law limits the ability of cities, including city planning commissions, to dispose of or destroy city records. League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 22