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• CHAPTER 15 II. Municipal authority to plan Minn.Stat.§§462.351 to Minnesota law gives cities the authority to regulate how land may be used. 462.365. The Municipal Planning Act creates a single,uniform procedure that applies Minn.Stat.§§473.851 to to all cities. Ordinances must comply with both the substantive and 473871. procedural requirements contained in the Act.Metropolitan area cities are Nordmarken».Ch),of Richfield. also empowered and governed by the Metropolitan Land Planning Act. These 641 N.w.2d 343(Minn.0. acts occupy the field of the process by which municipal land use laws are App.2002). finally approved or disapproved. III. Organization for planning Cities may exercise a wide range of discretion in developing internal planning. In fact, cities need not undertake formal planning activities at all. Planning organization may take several different forms: the council may assume total responsibility,it may delegate this duty to administrative officers,or it may appoint a planning agency or commission. Minn.Stat.§462.354,subd.1. Councils create these planning agencies or commissions by ordinance. The • role of the planning agency or commission is to advise the council. City officials may serve as members, and the organization is left to the discretion of the council. Minn.Stat.§462.354,subd.2. Cities are also authorized to create a planning department with an advisory planning agency or commission. In that situation,the agency or commission advises the department,which then advises the council. Usually, it is a good idea to create a planning agency or commission. City officials are often so consumed with daily demands that they don't have time to survey and evaluate the long-range objectives and implications necessary to create and implement a comprehensive plan. Planning agencies or commissions, on the other hand, are usually composed of people who focus on preparing and implementing plans and,thus, can devote their full attention. A. Board of adjustments and appeals Minn.Stat.§462.354,subd.2. If zoning ordinances or an official map exists, a board of adjustments and See part VU of this chapter appeals must be created by ordinance.The board hears appeals where an error concerting the board's authority is alleged in the administration of the zoning ordinance, and hears requests for the granting of variances. for variances from the literal provisions of the ordinance. The ordinance Minn.stat.§ 15.99. establishing the board must provide notice and time requirements for hearings before the board.All orders by the board are due within a reasonable time. See part VI of this chapter • concerning the 60-day rule. Requests before the board are subject to the 60-day rule. } HANDBOOK FOR MINNESOTA CITIES 15-5 This chapter last revised 12/15/2004