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LAND USE & DEVELOPMENT DECISIONS Avoiding Di"Sputes Regulating the use of land has always been a tricky business. It involves a balancing act, taking into consideration the desire for a well-managed and well-planned community, while remaining cognizant of the high value people place on property rights. By Tom Grundhoefer of surprisingly,with land plan- regularly review those regulations to request,the final plat must be approved nirng efforts becoming more make sure they are consistent with cur- within 60 days if all conditions of pre- prevalent and sophisticated,and rent law,in areas such as:sign ordinance liminary approval have been met. private property rights awareness rulings,adult entertainment decisions, Every city should also be aware increasing,society has seen an telecommunications regulations,park of another statutory requirement: increase in the number of con- and road dedication rules,legislation Minnesota's"60-day rule"(Minn. flicts (lawsuits) arising out of dealing with nonconforming uses,state Stat.§ 15.99).Under this law,a city government land-use regulation. law voting requirements,and"60-day" must either approve or deny a written esota is no exception to this trend. requirements. request"relating to zoning"within By any measure of evaluation,land Cities should also review their regu- 60 days of the time it is submitted to use and development disputes represent lations to make sure they are consistent the city.The city may extend the time a significant impact on Minnesota cities. with past staff and council interpretations, period for an additional 60 days,but In fact,as a percentage of total claims, and to make sure they are consistent only if it does so in writing and before land-use litigation represents more than with the city's comprehensive plan. expiration of the initial 60-day period. 20 percent of all defense and indemnity Finally,and perhaps most importantly, As a general matter,any written request dollars paid out by the League of they should be reviewed to ensure con- related to zoning ought to be treated Minnesota Cities Insurance Trust sistency with the council's current goals as triggering the start of the 60-day (LMCIT).The chart on page 7 shows and visions for the community.Regula- period.This requirement makes it the number of land-use related lawsuits tions that are inconsistent with what vitally important that cities scrutinize that have been brought against LMCIT the council and staff see as the future of applications as they come in the door member cites.The chart shows both the community can only cause conflicts to fust make sure that all information is the number of claims,as well as the when the particular applications have to present,and then to process those appli- associated costs.Given these numbers, be evaluated. cations in an expeditious manner. land use is obviously a topic worthy Process requests in a timely manner. Comply with all published notice of attention. Council and staff should be mindful that requirements.State statute prescribes all land-use related applications must be explicit notice requirements for com- Suggestionsfor avoiding disputes acted upon in a timely manner.Most prehensive plan amendments,rezoning This article offers some practical ideas people understand that cities must have requests,and subdivision approvals. for cities to consider in trying to more a reasonable amount of time to consider Generally,the law requires 10 days effectively head-off potential land-use land-use requests.On the other hand, published notice of comprehensive challenges.While a certain number of they are less tolerant of a process that . plan,rezoning,and subdivision actions. disputes and lawsuits are inevitable,the unduly prolongs the approval time In most cases,the law also mandates following suggestions may be helpful process. 10 days mailed notice to those with in avoiding some of the disputes.Almost In addition to ordinance require- property located within 350 feet of land every one of the following suggestions ments that some cities may have,state that is being rezoned.Some cities may is generated out of some real life exam- law is clear in a number of different ar- also have unique ordinance or charter ple encountered by a Minnesota city. eas about the timeframe for processing provisions that specify particular notice Regularly review land-use controls. land-use approvals.For instance,state requirements. Statutes and court decisions directly law requires that a preliminary plat be Avoid making promises.City staff, affect the authority of cities to regulate either approved or denied within 120 councilmembers,and planning com- land.Any city that has adopted a zon- days of submission to the city.Follow- mission members should try to avoid nig and subdivision ordinance should ing preliminary plat approval,and upon making representations or promises 6 MINNESOTA CITIES OCTOBER 2 0 0 3