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REQUEST FOR PLANNING COMMISSION ACTION <br />Department .lppro�-aL <br />TP <br />DA1'E: 12/OS/2007 <br />I'I'EDf NO: Sd <br />Agenda Secdon <br />PUBLIC HEARINGS <br />Item Descciption: Considex Amendments to the Cit} Code (Tide 10 aod Tide 11) pertaining to <br />public hearing norificadon and neighborhood open house (PF07-061) <br />1.0 BACKGROUND — PUBLIC HEARING NOTIFICATION: <br />1.1 Recently, City Council members have questioned the process by which property owners <br />and residents are noticed regazding pending land use and zoning public hearings. This <br />process is regulated by both State Law and City Ordinance. <br />1.2 Minnesota Law sets forward a requued notification process for zoning ordinance <br />adoption and amendment. State Statute 462357 Subd. 3. states: <br />Public hearings. No zoning ordinance or amendment Ihereto shal! be adopled unlil a <br />publrc hearing has been held thereon by the planning agency or by Ihe gorerning body. A <br />notice ofthe time, p/ace and purpose of the hearing shall be published in dre oJj"icia! <br />��ews�aper of the municipalfry alleast ten days prior ro dhe day of the hearing. When an <br />amendme��t im�o/ves changes in drspiG boundarres affecting an area offrre acre.r or less, <br />a similar notice shall be n�ailed at leasi ten days before the da}+ of the hearing to each <br />owner ofaJj'ected property and property situated wholly or partly within 350.feet ofahe <br />properry to x�hich (he amendment relates. For the purpose ofgiving mailed notice, the <br />person responsrble for mailing the noiice may use anv appropriate records to de�ermine <br />rhe names and addresses of owners. A copy of the natice and a list of �he owners and <br />addresses to tivhich rhe notice was sent shall be a�tesled to by the responsible person and <br />shall be made a part ojKhe records of the proceedings. The failure to gii�e rnailed notice <br />to individua! properry owners, or defects rn the notice sha!! not im�alidate dhe <br />proceedings, prorided a bona fide a7temp! do comply with lhis su6dirision has been <br />made. <br />1.3 City Code requirements for public notification process for zoning and land use issues is <br />consistent with that of the State. Section 108.01(B) states: <br />Notiee of the time and pluce of such [publicJ I�earing [for the Comprehensive <br />Plan, zoning, or subdivisior: regulationsJ sha/1 be published in the designated <br />legal newspaper no less than ten (10) nor more than diirry (30) days pr-ior to the <br />l�earing. In the event the l�earing involves a pm-ticular parcel o%land, mailed <br />iiotice shall be given by tl�e City to d2e owner and ta each of the property owners <br />witivin three hundred JiJry feet (350) of tl�e outside boundaries of the parce[ and to <br />t/�e State, Counry, and Federal age�icies, zf applicable. Failure to mail notice or <br />the failure of the p�-operty ox�ners to receive �he notice shall not irlvalidate Ihe <br />proceedings. <br />PF07-061_RPCA_]20507.doc Page 1 of4 <br />