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•1 CHAPTER 15 - i Minn.Stat.§ 15.99,sued.2(a). Generally if an agency city denies a request, it must give written reasons for its denial at the time it denies the request. When a multimember governing body such as a city council denies a request, it must state the reasons for Minn.Stat.§ 15.99,sura.z(c). denial on the record and provide the applicant with a written statement of the reasons for denial. If the written statement of the reasons for denial is not adopted at the same time as the denial,it must be adopted at the next meeting following the denial of the request but before the expiration of the 60-day period. The written statement of the reasons for denial must be consistent with reasons stated in the record at the time of denial. The written statement of reasons must be.provided to the applicant upon adoption. Minn.Stat.§ 15 99,sued.3(f). The law allows a city the opportunity to give itself an additional 60 days (up to a total of 120 days)to consider an application, if the city follows specific statutory requirements. In order to avail itself of an additional 60 days,the city must give: 1. Written notification to landowner before the end of the initial 60- day period; 2. The reasons for extension; and 3. The anticipated length of the extension. • The courts have been particularly demanding on local governments with Northern States Power Co v. regard to this requirement and have required local governments to meet each 00,of Mendota tleights,646 element of the statute. An oral notice or an oral agreement to extend is N w.2d 919(Minn.Ct.App. insufficient. The reasons stated should be specific in order to inform the 2002). applicant exactly why the process is being delayed. Needing more time to fully consider the application may be an adequate reason. Minn.Stat.§ 15.99,sued.3(g). An applicant may by written notice request an extension of the time limit. A city can only go beyond 120 days if it gets the approval of the applicant. The city must either initiate the request in writing and have the applicant agree to it in writing, or the applicant by written request may ask for an extension. Minn.Stat.§ 15 99,surd.3(d), The 60-day time period is also extended if a state statute requires a process to (e)' occur before the city acts on the application if the process will make it impossible for the city to act within 60 days. The environmental review Minn.stat.ch. I I6D. process is an example. If the city or state law requires the preparation of an environmental assessment worksheet(EAW) or an environmental impact statement(EIS)under the state Environmental Policy Act,the deadline is extended until 60 days after the environmental review process is completed. Likewise,if a proposed development requires state or federal approval in Minn.R.ch.441°' addition to city action,the 60-day period foi city action is extended until 60 days after the required prior approval is granted. • 15-17 HANDBOOK FOR MINNESOTA CITIES - This chapter last revised 12/15/2004