pf07-061 - Laserfiche WebLink

Home

REQUEST FOR PLANNING COMMISSION ACTION DATE: 12/05/2007 ITEM NO: 5d Department Approval: Agenda Secrion TP PUBLIC HEARINGS Item Description: Consider Amendments to the City Code (Tide 10 and Tide 11) pertaining to public hearing notification and neighborhood open house (PF07-061) 1.0 BACKGROUND — PUBLIC HEARING NOTIFICATION: l.l Recently, City Council members have questioned the process by which property owners and residents are noticed regarding pending land use and zoning public hearings. This process is regulated by both State Law and City Ordinance. 1.2 Minnesota Law sets forward a required notification process for zoning ordinance adoption and amendment. State Statute 462.357 Subd. 3. states: Public hearings. No zoning ordinance or amendment thereto shal! be adopted until a public hearing has been held thereon by the planning agency or by the governing body. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment im�olves changes in district boundaries affecting an area ojfzve acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose ofgiving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual properry owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. 1.3 City Code requirements for public notification process for zoning and land use issues is consistent with that of the State. Section 108.01(B) states: Notice of the time and place of such �publicJ hearing [for the Comprehensive Plan, zoning, or subdivision regulationsJ shall be published in the designated legal newspaper no less than ten (10) nor more than thirty (30) days prior to the hearing. In the event the hearing involves a particular parcel of land, mailed notice shall be given by the City to the owner and to each of the property owners within three hundred fifty feet (350) of the outside boundaries of the parcel and to the State, Counry, and Federal agencies, if applicable. Failure to mail notice or the failure of the property owners to receive the notice shall not invalidate the proceedings. PF07-061_RPCA_120507.doc Page 1 of 4