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RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/1/2011 Zoning Decisions Page 7 V. Creating a record Whatever the nature of or standard for a particular zoning decision, a city should create a record that will support it. If the city action is challenged, courts will review the decision on the public record. The record must demonstrate the city exercised the appropriate level of discretion and applied the relevant standards in a reasonable fashion. It may not matter that the city acted reasonably if the city is unable to prove its actions through the public record. When creating a record to support a zoning decision, every city should be Minn. star. § 15.99. aware of Minnesota's 60 -day rule. Under state law, a city must either approve or deny a written request related to zoning within 60 days of the LMC information memo, The time it is submitted to the city. The city may extend the time period for an 60- DayRule: Minnesota's additional 60 days, but only if it does so in writing before expiration of the Automatic Approval Statute. initial 60 -day period. Under the 60 -day rule, failure to approve or deny a request within the statutory time period is deemed an approval. So it is vitally important that cities scrutinize applications as they come in the door to first make sure all required information is present, and then to process those applications in an expeditious manner. A. Public hearings Holding a public hearing is an important component in developing the LMC information memo, Rabr;c Flemings, record. Public hearings are generally required before the adoption of any zoning ordinance or amendment, and before the granting of variances, conditional use permits, or re- zonings Minn. stat. s 46x357, subd. Under state law notice of the time, place, and purpose of the hearing must be 3. published at least 10 days prior to the day of the hearing. If the decision affects an area of five acres or less, mailed notice may be required to property owners within a 350 -foot radius of the land in question. Public hearings should include a complete disclosure of what is being proposed and a fair and open assessment of the issues raised. A public hearing should include an opportunity for the general public and interested parties to hear and see all the information and to ask relevant questions, provide additional information, and express support or opposition. In order to help the public hearing process run well, it is helpful for the city council to develop a written set of policies and procedures to follow at each public hearing. League of Minnesota Cities Information Memo: 6/1/2011 Zoning Decisions Page 7