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process run well, p y it is helpful for the city council to develop a written set of policies and <br /> procedures to follow at each public hearing. <br /> Neighborhood opposition is perhaps the most challenging issue for any city council or planning <br /> _ g pp p p <br /> commission to deal with when considering the merits <br /> of a particular zoning application. Case law holds that More Information <br /> the views of neighbors should not be the sole basis for L <br /> it is helpful to Learn more about cities'authority to <br /> a particular city action. In this regard, p <br /> distinguish between what might be termed the regulate land in: <br /> g g <br /> "quantity" of the comments, as opposed to the The Land Use Cook Book:It's Not <br /> "quality" of the comments. For example, well- All Cookie Cutter <br /> supported testimony that brings forth relevant facts is <br /> the kind of information upon which a city council can <br /> unsupported. On the other hand, and unsubstantiated emotional opposition to a particular <br /> project should not be the basis for a decision. <br /> After a public hearing, the city should make <br /> findings to support its decision. In the case of a Your League Resource <br /> denial of a particular zoning application, <br /> - Zoning decisions can be controversial <br /> Minnesota's 60 day rule requires the reasons for <br /> ' ' and confusing, and this memo is by no <br /> denial be put in writing and those reasons be <br /> means a comprehensive discussion of <br /> adopted within the statutory timefrarne. Failure to all issues that mayarise. If you have <br /> do so may result in the city council decision being <br /> y y further questions relating to zoning <br /> overturned. Even where the application is decisions, please feel free to contact <br /> approved, a written statement explaining the Jed Burkett, Loss Control Land Use <br /> decision is advisable. Attorney, at: <br /> The written statement <br /> h ritt n explaining the reasons for the 651-281-1247 or iburkett@lmc.org <br /> p g <br /> zoning decision is particularly important for quasi- <br /> When dealing with particular issues, it <br /> judicial decisions such as variances and conditional is also important to seek specific legal <br /> use emits. The League recommends the city p <br /> p g advice from your own city attorney. <br /> adopt written,findings of fact and conclusions of <br /> law whenever a city makes such decisions. The <br /> document should identify the relevant legal criteria <br /> such as statutory standards or code provisions, explain the relevant facts relating to the particular <br /> application, apply and then a 1 those facts to the legal criteria. The document should provide a court <br /> pp <br /> with everything needed to uphold the zoning decision. <br /> Jed Burkett 3/10 <br /> 6 <br />