Agenda - Planning Commission - 04/24/2025

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RELEVANT LINKS: Northshor Experience, Inc. v. City of Duluth, MN, 442F.Supp.2d 713 (D. Minn. 2006). Costley v. Caromin House, Inc., 313 N.W.2d 21 (Minn. 1981). A.G. Op. 59- A-32 (Jan. 25, 2002). Minn. Stat. § 462.357, subd. 2. A.G. Op. 59-A-32 (Jan. 25, 2002). Minn. Stat. § 462.357, subd 3. LMC information memo, Newspaper Publication. See LMC information memo, Zoning Guide for Cities. Minn. Stat. § 462.357, subd 4. For more information see LMC information memo Zoning Decisions. See Section IV- B on the 60- Day Rule. Minn. Stat. § 462.357, subd 3. Cities cannot adopt local ordinances that contradict the explicit provisions of state law as set out in the Municipal Planning Act. The city council may adopt a zoning ordinance by a majority vote of all its members. In adopting an ordinance, one Minnesota attorney general opinion has found that charter cities may not provide for different voting requirements in their city charter, because the Municipal Planning Act supersedes inconsistent charter provisions. Prior to the adoption of a zoning ordinance, the city council or planning commission must hold a public hearing. Notice of the time, place, and purpose of the hearing must be published in the city's official newspaper at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice must be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. The drafting and adoption of a city zoning ordinance is covered in detail in the LMC Information Memo, Zoning Guide for Cities. 2. Zoning ordinance amendment An amendment to a zoning ordinance, including a rezoning, may be initiated by the governing body, the planning commission, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning commission must be referred to the planning commission for study and report. The city council may not act on the proposed amendment (either by adopting or denying the amendment) until the planning commission has made its recommendations or 60 days have elapsed from the date of reference of the amendment without a report by the planning commission. In generating a report on a proposed zoning amendment, the planning commission serves in a strictly advisory role. The city council ultimately decides on the amendment for a city and is not bound by planning commission recommendations. Prior to the adoption of a zoning ordinance amendment, a public hearing must be held. Under state statute, the city council or the planning commission may conduct the hearing. Cities may adopt an ordinance or policy directing the planning commission to conduct these hearings when necessary. League of Minnesota Cities Information Memo: Planning Commission Guide 12/16/2024 Page 15