05-09-2019 Planning Commission Packet

Home Browse Search

RELEVANT LINKS: League of Minnesota Cities Information Memo: 8/3/2018 Planning Commission Guide Page 18 This way landowners can avoid costly expenditures on developments, for example, that sit in a location planned for future public uses. As a result, any building built without obtaining a building permit or in violation of permit conditions, loses the statutory protection for just compensation, and a municipality need not pay a landowner for a building that needs to be destroyed if a street is widened. In other words, while the official map does not give the city a fee interest in land initially, it does authorize the municipality to acquire such interests in the future without having to pay compensation for buildings that are erected in violation of the official map. J. Board of zoning adjustment and appeals Minn. Stat. § 462.354, subd. 2. A city that has adopted a zoning ordinance or official map should provide for a Board of Zoning Adjustment and Appeals (BZA). By ordinance, a city may delegate the role of a BZA to the city planning commission or a committee of the planning commission. The duties of a BZA include: 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. • 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. Minn. Stat. § 462.354, subd. 2. 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. Minn. Stat. § 462.354, subd. 2. 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. Minn. Stat. § 462.354, subd. 2. In cities where the planning commission does not act as the BZA, the BZA may not make a decision 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.