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RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/1/2011 Zoning Decisions Page 8 Neighborhood opposition is perhaps the most challenging issue for any city council or planning commission to deal with when considering the merits of a particular zoning application. Case law holds that the views of neighbors should not be the sole basis for a particular city action. In this regard, it is helpful to distinguish between what might be termed the "quantity" of the comments, as opposed to the "quality" of the comments. For example, well - supported testimony that brings forth relevant facts is the kind of information upon which a city council can rely. On the other hand, unsupported and unsubstantiated emotional opposition to a particular project should not be the basis for a decision. B. Written statements After a public hearing, the city should make findings to support its decision. In the case of a denial of a particular zoning application, Minnesota's 60 -day rule requires the reasons for a denial be put in writing and those reasons be adopted within the statutory timeframe. Failure to do so may result in the city council decision being overturned. Even where the application is approved, a written statement explaining the decision is advisable. The written statement explaining the reasons for the zoning decision is particularly important for quasi-judicial decisions such as variances and LMC information memo, Taking the Hystery Out of conditional use permits. The League recommends the city adopt written Findings of Fact. findings of fact and conclusions of law whenever a city makes such decisions. The document should identify the relevant legal criteria such as statutory standards or code provisions, explain the relevant facts relating to the particular application, and then apply those facts to the legal criteria. The document should provide a court with everything needed to uphold the zoning decision. VI. Further assistance Jed Burkett Zoning decisions can be controversial and confusing, and this memo is by 651.281,1247 no means a comprehensive discussion of all issues that may arise. If you 800.925.1122 jburkett@lmc.org have further questions relating to zoning decisions, please feel free to contact the League's Loss Control Land Use Attorney. When dealing with particular issues, it is also important to seek specific legal advice from your own city attorney. League of Minnesota Cities Information Memo: 6/1/2011 Zoning Decisions Page 8