2005-05-03 P & Z Agenda - Laserfiche WebLink

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The Minnesotil Supreme Court's Latest Word on the "60 Day Rule": American Tower, L.P. v. City of Grant Facts: The Council of Grant adopted a Resolution providing that: The Town of Grant hereby extends the time lines under Minnesota Statutes ~ 15.99 for each and every written request relating to zoning... for a permit, license, or other governmental approval ofan action The Resolution explains that the City lacks the resources to process zoning applications within 60 days. It was the City's practice to send a prospective applicant a copy of the Resolution together with their Conditional Use Permit (CUP) application packets. American Tower proceeded to file a written CUP application. On day 98, the City Council denied American Tower's CUP application request. American Tower challenged the denial contending the City was required to issue the CUP, as a matter of law under Minn. Stat.~15.99, because the City failed to approve or deny their application within 60 days. Ouestion for the Court: Does Minn. Stat.~15.99 permit a municipality to extend the 60-day deadline for response, before receiving a written request relating to zoning, by providing written notice of extension in the application form provided to potential applicants? The Court's Answer: An extension of the deadline must be made after the municipality receives the application. The Court reasoned - one is not an applicant until one has submitted a zoning request. The Court also commented on ~15.99's "individualized approach" to zoning requests and found the City of Grant's practice of granting an automatic extension ''for each and every written request relating to zoning" in advance of an application is inconsistent with the statute's case-by-case approach because it prospectively establishes generalized rules for all zoning requests. 2