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CHAPTER 15 Minn.Stat.§ 15.99,subd.2(a). The general rule provides that the failure of a city to deny a written request Minn Stat.§ 15.99,subd.3(c). within 60 days is approval of the request. The statute also provides that a city's response meets the 60-day time limit if the city can document that the response was sent within 60 days of receipt of the written request. Minn.Stat.§ 15.99,subd.1(c). A request is a written application related to zoning, septic systems or the expansion of the metropolitan urban service area for a permit, license or other government approval. The courts have been rather expansive in their Minn.Stat.§15 99,subd.z(a). interpretation of the phrase"related to zoning,"and almost all requests Minn.Stat.§462.358,subd.3b. affecting the use of land have been treated as subject to the law.The statute Advantage Capital Mgmt,v. does not apply to subdivision and plat approvals, since those processes are City of'Northfield,664 N.W.2d subject to their own timeframes. The Minnesota Court of Appeals has ruled 421 (Minn.Ct.App.2003). that Minn. Stat. § 15.99 does not apply to building permits. Minn.Stat.§15.99,subd. 1(c). A request must be submitted in writing on the city's application form, if one exists. A request not on a city's form must clearly identify on the first page the approval sought.The city may reject as incomplete a request not on the city's form, if the request does not include information required by the city. The request is incomplete if it does not include the application fee. Minn.Stat.§ 15.99,subd 3(a). The 60-day time period does not begin to run if the city notifies the landowner in writing within 15 business days that the application is incomplete. (The 2003 Legislature increased the period from 10 to 15 days.) The city must also state what information is missing. A city may want to consider developing a checklist and reviewing its zoning ordinances to make explicit what items are required. Tollelson Dev.,Inc v City of When a zoning applicant materially amends its request to rezone property,the FlkRiver,665 App.2003).N W.2d 554 Ct.App. 60-day period runs from the date of the written amendment,not from the date (Minn.(M of the original application. But minor changes to a zoning request should not affect the running of the 60-day period. Demolition Landfill Servs.v. The Minnesota Court of Appeals had ruled that failure of a motion to approve City of Duluth,609 N.W 2d 278 is not a denial. But the 2003 Legislature amended the statute to provide that (Minn.Ct.App.2000). the failure of a motion to approve an application shall constitute a denial Minn.Stat.§ 15.99,subd.2(b). provided those voting against the motion state on the record the reasons why they oppose the request. 15-16 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004