01/12/2022 Item 7A, ZOTA-Administration Section

Home Search

2-15 The City Council must approve or deny the application within sixty (60) days of receiving all required information. Failure of the City Council to deny an application within sixty (60) days is approval of the The petitioner or representative may appear before the Planning and Zoning Board in order to present information or to answer questions. The Board shall make a recommendation to the City Council including findings on compliance with required criteria and conditions to be imposed. 3. The City Council may grant the variance if it has been established that the application complies with the required criteria. The City shall decide upon requests for variance by approving or denying the same in part or in whole. The City Council shall, on all variance applications whether granted or denied, record findings of fact. Such findings shall be recorded in writing and shall state the City Council’s reasons for such action.request. If the City Council denies an application, it shall state in writing the reasons for the denial at the time it denies the application. However, when a vote on a resolution or properly made motion to approve an application fails for any reason, the failure shall constitute a denial of the application provided that those voting against the motion state on the record the reasons why they oppose the application. a. The sixty (60) day time limit starts over only if the City sends notice, within ten (15) business days of receipt of the application, telling the applicant what information is missing. The City may extend the sixty (60) day time limit before the end of such time limit by providing written notice of the extension to the applicant. The notification shall state the reasons for the extension and its anticipated length, which may not exceed sixty (60) days, unless approved by the applicant. An applicant may by written notice to the City request an extension of the time limit. b. Other conditions of MN Stat 15.99, as amended, also apply. 4. The petitioner or representative may appear before the Planning and Zoning Board in order to present information or to answer questions. The Board shall make a recommendation to the City Council including findings on compliance with required criteria and conditions to be imposed. 5. The City Council may grant the variance if it has been established that the application complies with the required criteria. The City Council shall, on all variance applications whether granted or denied, record findings of fact. Such findings shall be recorded in writing and shall state the City Council’s reasons for such action. 6. Following approval of the variance, the City shall file a certified copy thereof including a legal description of the property with the County Recorder or Registrar of Titles. (c) The City may impose conditions in the granting of variances. Conditions must be directly related to and must bear a rough proportionality to the impact created by the variance. (d) Submittal Requirements. Applications for variances shall be filed with the Community Development Department and shall be accompanied by the following submittal information: