Agenda - Planning Commission - 04/24/2025

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RELEVANT LINKS: Minn. Stat. § 462.357, subd. 6 (1). Minn. Stat. § 462.357, subd. 6 (2). Minn. Stat. § 462.359, subd. 4. Minn. Stat. § 462.354, subd. 2. Minn. Stat. § 462.354, subd. 2. Minn. Stat. § 462.354, subd. 2. Minn. Stat. § 462.354, subd. 2. See information memos, Zoning Guide for Cities and Land Use Variances. Minn. Stat. § 462.358, subd. 3(b). See Handbook, City Licensing. See also LMC information memo, Subdivision Guide for Cities. • To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of the zoning ordinance. • To hear requests for variances from a city zoning ordinance. • To hear and decide appeals when a land use, zoning permit or approval for a building is denied based upon the city's official map. • Such other duties as the city council may direct. In any city where the council does not serve as the BZA, the city council may, except as otherwise provided by charter, provide by ordinance that the decisions of the BZA on matters within its jurisdiction are: • Final, subject only to judicial review; or • Final, subject to appeal to the council and the right of later judicial review; or • Advisory to the council. The ordinance creating the BZA should specify at minimum: • The time and manner by which hearings by the BZA shall be held, including provisions related to notice to interested parties. • Rules for the conduct of proceedings before the BZA, including provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. In cities where the planning commission does not act as the BZA, the BZA may not decide on an appeal or petition until the planning commission, or a representative authorized by it, has had reasonable opportunity, not to exceed 60 days, to review and report to the BZA about the appeal or petition. Planning commissions charged with reviewing applications for variances must determine if the applicant can show "practical difficulties" requiring a variance. Variances and "practical difficulties" are discussed in depth in the LMC Information Memo Zoning Guide for Cities. K. Role in review of subdivision applications In many cities with, review of subdivision applications is delegated to the planning commission by ordinance. However, final approval or disapproval must be made by city council. When reviewing a subdivision application, a planning commission is charged with determining if the application meets requirements of the city's subdivision ordinance. If a subdivision application meets the requirements of the ordinance it must be granted. League of Minnesota Cities Information Memo: Planning Commission Guide 12/16/2024 Page 18