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PL PACKET 06212005
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PL PACKET 06212005
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Last modified
4/19/2016 4:24:26 PM
Creation date
4/19/2016 4:23:53 PM
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SP Box #
33
SP Folder Name
PL PACKETS 2005-2011
SP Name
PL PACKET 06212005
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0 <br /> 4.' Be Sure Everyone is Mindful of the Timeclock at Every Step. <br /> It is critical that City decision-makers be aware of the § 15.99 deadlines at each step <br /> in processing an application. ' Each report prepared by City staff on a zoning <br /> application should prominently indicate the 60-day deadline. One way to <br /> accomplish this is illustrated in Attachment F. <br /> i The MUSA line is the metropolitan urban service area <br /> po � boundary in the seven-county <br /> metropolitan area. ,Property within this area is served by metropolitan sewage treatment <br /> facilities. <br /> 2 Many city attorneys and city officials assisted in preparation of this paper by providing <br /> copies of materials they are using. Special thanks to Desyl Peterson, Dave Ornstein, <br /> Michael Leek,'Julie Wischnack, Bonnie Baumetz,Patrick Peters, and John Sutter. <br /> a American Tower. L.P. v. City of Grant. 636 N.W. 2d 309 (Minn. 2001). - <br /> 4 Demolition Landfill Services. LLC v. City of Duluth. 2000 WL 1015 893 (Minn. Ct. <br /> App.July 25,2000),review denied (Minn. October 17,2000). <br /> 5 Each City should consider what grounds the City will use for extensions.- The fact that cities <br /> must specify a reason to extend the initial 60-day period suggests that a blanket extension <br /> applicable to all applications'will not pass muster. A blanket extension that is equally <br /> applicable to all cities and to all applications would "swallow" the general statutory 60-day <br /> rule and would ignore the requirement that a reason be provided for the extension. <br /> In a recent case, the Minnesota Supreme Court considered what kind of reasons would <br /> suffice. In that case, the Supreme Court rejected the position of the lower court that <br /> extensions could be granted only when there are "extenuating circumstances." American <br /> Tower. L.P. v. City of Grant 636 N.W.2d 309, 314 (Minn. 2001). The Supreme Court did <br /> suggest, however, that extensions should not be granted based on a blanket approach, but <br /> should be granted on a case-by-case basis. Id. at 313. <br /> What constitutes sufficient grounds for an extension? The need to collect further <br /> information on an application or to conduct further analysis of it because, for example, of <br /> its size or complexity or because of the sensitivity of the affected area, are solid grounds <br /> for an extension. Grounds for an extension could also include circumstances that <br /> distinguish one city from cities generally at the time of the application. The argument <br /> can be made that,while the 60-day limit was intended to apply to cities generally, it was <br /> not intended to apply to a particular city under specific circumstances. <br /> Karen R Cole <br /> Kennedy&Graven <br />
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