Laserfiche WebLink
22 <br />building plans and other information…before the application is accepted.” <br />Because the applicant did not respond to the Town’s written request for <br />supplemental information, the Court held the application was incomplete. <br /> <br />c. In Bender v. Todd County, 1998 WL 170104 (Minn. App.1998) the court held <br />that oral notice of the defect complies with the statute. <br /> <br />d. The definition of what a request is states that it is something submitted in writing <br />on an application form provided by the agency, if one exists. Subdivision 1(c) <br />specifies that an agency may reject as incomplete a request not on the agency’s <br />form “if the request does not include information required by the agency.” <br />Subdivision 3(a) makes it clear that an application is not complete until any <br />applicable fee is paid. <br /> <br />e. When an applicant makes an amendment to its request that is “material or <br />significant,” the 60-day period begins anew and runs from the amendment. <br />Tollefson Development v. City of Elk River, 665 N.W.2d 554 (Minn. App. <br />2003). <br /> <br />f. Submittal requirements should be in writing to avoid the argument that existence <br />of an unwritten policy is not sufficient grounds under the 60-day rule to reject an <br />application. <br /> <br />g. Municipalities should have a submittal requirement sheet for each type of <br />application to insure completeness is accomplished. <br /> <br />5. Results of particular violations. <br /> <br />a. Failure to provide an applicant with a written statement of the reasons for the <br />denial of an application within 60 days does not result in automatic approval of <br />the application under the statute. Hans Hagen Homes, Inc. v. City of <br />Minnetrista, 728 N.W.2d 536 (Minn. 2007). <br /> <br />b. The statute specifically says that if an agency denies the request, it must state in <br />writing the reasons for the denial at the time it denies the request. See <br />Demolition Landfill Services v. City of Duluth, 609 N.W.2d 278 (Minn. App. <br />2000). But failure to state in writing the reasons to support denial at the time of <br />denial does not result in automatic approval. Johnson v. Cook County, 786 <br />N.W.2d 291 (Minn. 2010). <br /> <br />c. A municipality’s failure to comply with the 60-day rule does not entitle the <br />landowner to a permit that he would not be entitled to under substantive law. See <br />Breza v. City of Minnetrista, 725 N.W.2d 106 (Minn. 2006). Breza sought to fill