03/10/2021 P&Z Packet - Laserfiche WebLink

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23 over 5,000 square feet of wetland. Under state law, the maximum amount that the city could have authorized was 400 square feet. The city failed to act on Breza’s application within the deadline of Minn. Stat. § 15.99. While the court held that the application was approved as a matter of law, it was only approved for the 400 square feet. 6. Procedure to approve or deny. In a 60-day rule case, the Court of Appeals held that a failed motion to approve a permit was not a denial of the application. Therefore, the permit was approved as a matter of law pursuant to the 60-day rule. Demolition Landfill Services v. City of Duluth, 609 N.W.2d 278 (Minn. App. 2000). a. The legislature addressed this issue in the 2003 amendments. The statute provides that a rejection of a motion to approve constitutes a denial if those voting against approval “state on the record the reasons why they oppose the request.” Minn. Stat. § 15.99, subd. 2(b). 7. What constitutes a denial. a. In Moreno v. City of Minneapolis, 676 N.W.2d 1 (Minn. App. 2004), the Court held that a zoning application is not approved or denied for purposes of the 60- day rule until the City has decided all appeals challenging the approval of the zoning application. b. In Carda v. Kanabec County, 2007 WL 3343017 (Minn. App. 2007), the Court of Appeals upheld the notion that rejection of a permit as improper, on an administrative level, constituted a denial under the 60 day rule. c. In Mesenbrink Construction v. Rice County, 2008 WL 5334251 (Minn. App. 2008), the court held that the return of an application that was subject to a moratorium that stated no application of that nature would be processed or approved satisfied the requirement of denial. C. Conducting the Public Hearing. 1. The Open Meeting Law. a. The Open Meeting Law applies to City Council and Planning Commission meetings. b. The definition of a meeting for purposes of the law has been said by the Courts to be a gathering of a quorum or more of the body at which members discuss, decide or receive information as a group on issues relating to the official business of the body. See Moberg v. ISD No. 281, 336 N.W. 2d 510 (Minn. 1983).