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05-09-2019 Planning Commission Packet
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05-09-2019 Planning Commission Packet
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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 8/3/2018 <br />Planning Commission Guide Page 19 <br /> It is important to note that while state statute provides the planning <br />commission 60 days to respond to appeals or petitions, the 60-Day Rule (an <br />entirely different rule with 60 days in the title) may still apply to some <br />matters brought before the BZA (for example, requests for variances) by <br />application or petition of property owners. As a result, internal procedures <br />should be developed to coordinate planning commission review that does <br />not violate the 60-Day Rule automatic approval statute. <br />See information memos, <br />Zoning Guide for Cities and <br />Land Use Variances. <br />Planning commissions charged with reviewing applications for variances <br />must follow fairly strict legal standards for their review. Specifically, the <br />city must follow the requirements of the state statute related to whether <br />enforcement of a zoning ordinance provision as applied to a particular piece <br />of property would cause the landowner “practical difficulties.” The <br />standards for review in granting variances are discussed in depth in the LMC <br />Information Memo Zoning Guide for Cities. <br /> K. Role in review of subdivision applications <br />Minn. Stat. § 462.358, subd. <br />3(b). <br /> <br />See Handbook, City <br />Licensing. See also LMC <br />information memo, <br />Subdivision Guide for Cities. <br />Absent a charter provision to the contrary, in cities that have adopted a <br />subdivision ordinance, the city council may by ordinance delegate the <br />authority to review subdivision proposals to the planning commission. <br />However, final approval or disapproval of a subdivision application must be <br />the decision of the city council. <br />See LMC information memo <br />Subdivision Guide for Cities. Planning commissions charged with reviewing subdivision applications <br />must follow fairly strict legal standards for their review. Specifically, the <br />city must follow the requirements of the subdivision ordinance it has <br />adopted. If a subdivision application meets the requirements of the <br />ordinance, generally it must be granted. If an application is denied, the stated <br />reasons for the denial must all relate to the applicant’s failure to meet <br />standards established in the ordinance. The standard of review for <br />subdivision applications is discussed in depth in an LMC information memo <br />on subdivisions, plats and development agreements. <br /> IV. Planning commission meetings <br />See the LMC information <br />memo, Meetings of City <br />Councils. <br />Planning commission meetings are governed by the same statutes as regular <br />city council meetings. For example, planning commission meetings are <br />subject to the Open Meeting Law and subject to the records retention laws. <br /> A. Open Meeting Law <br />See LMC information memo, <br />Meetings of City Councils. <br />Minn. Stat. § 13D.01. <br />The Minnesota Open Meeting Law generally requires that all meetings of <br />public bodies be open to the public. This presumption of openness serves <br />three basic purposes:
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