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CC PACKET 01112005
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CC PACKET 01112005
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7/30/2015 12:15:30 PM
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5/7/2014 3:40:01 PM
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City Council
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City Code Chapter Amendment
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In 1995, the legislature enacted Minnesota Statutes, <br />section 15.99, commonly referred to as "the 60 -day <br />rule." The 60 -day rule requires governmental <br />entities to approve or deny a written request for <br />certain actions within 60 days or the request is <br />approved.. <br />More specifically, "failure of an agency to deny a <br />request within 60 days is approval of the request. <br />If an agency denies the request, it must state in <br />writing the reasons for the denial at the time that: it <br />denies the request." Minn. Stat. § 15.99, subd. 2. <br />Who does it apply to? <br />W <br />The law applies to the following, all defined as <br />"agencies" (Minn. Stat. § 15.99, subd. 1): <br />® a department, agency, board, commission, or <br />other group in the executive branch of state <br />government; <br />" a statutory or home rule charter city, county, <br />town, or school district; <br />® any metropolitan agency or regional entity; and <br />" any other political subdivision of the state. <br />What requests does it apply to? It applies to "a written request relating to zoning, <br />septic systems, or expansion of the metropolitan <br />urban service area for a permit, license, or other <br />governmental approval of an action." Minn. Stat. <br />1599, subd. 2. <br />A "request" is a written application on a form <br />provided by the agency, if a form exists. A request <br />not on an agency's form must include all <br />information required by the agency and it must <br />identify clearly on the first page the specific permit, <br />license, or other governmental approval being <br />sought. <br />Recently, the Minnesota Court of Appeals held that <br />it does not apply to building permit requests. <br />Advantage Capital Mgmt. v. City of Northfteld, 664 <br />N. W.2d 421 (Minn. App. 2003). The law does not <br />apply to the subdivision regulation review process <br />or the plat review mocess for reauests made on or <br />
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