VII. 1. Legal TrainingPlanning Commission Training
Hopkins Planning Commission
September 24, 2019
Presented by:
David T. Anderson, Attorney
Kennedy & Graven, Chartered
Sources of the City’s Zoning
Powers
Federal and state constitutions:
Regulation of land use is a valid
police power of the City, as
long as it is not used arbitrarily
State statutes give the City the
authority to adopt
comprehensive plans, zone
property, adopt subdivision
regulations, and approve
variances
City ordinances implement
zoning and must not conflict
with state statutes
Duties of the Planning Commission
Advisory to the City Council on most matters
Review and make recommendations to the City Council
on:
o The comprehensive plan
o Zoning and subdivision ordinances
o Conditional use permits and interim use permits
o Official maps
o Proposed subdivisions (plats)
o Site plans
o Variances
Act as the City’s Board of Appeals and Adjustments
Information to be Relied Upon
The Planning Commission must rely upon and make its decisions and recommendations in accordance with the City’s Comprehensive Plan, state statutes and the City’s zoning and subdivision ordinances
The Planning Commission is not authorized by state law or the City Code to be able to make new policy to arrive at its decisions and recommendations
Types of Review & Decisions
Quasi-Judicial
ºCommission must follow strict legal standards
ºDoes application meet requirements of the ordinance?
ºExamples –conditional use permits, subdivision applications,
variances
Legislative
ºCommission has broader discretion
ºCommission may consider policy issues
ºExamples –comprehensive plan, zoning ordinance text
amendments
The Comprehensive Plan
The comprehensive plan is a policy statement for the future development of the City
City ordinances should not conflict with the comprehensive plan
Inconsistencies must be corrected
Periodic review of the comprehensive plan is required
Court Review of Land Use Decisions
General rule:a
land use decision
by the City will be
upheld by a court if
it is found to be
reasonable under
the circumstances
Court Review of Land Use Decisions
Comprehensive Plans & Zoning:
These items are policy documents so
decisions are considered to be legislative
Courts give greater discretion to the City on
these types of decisions
The City’s decision will be upheld by the
court unless it is found to be arbitrary or
contrary to law
Court Review of Land Use Decisions
Conditional and interim use permits, variances, site plans, and plats:
The City’s decisions implement the policies expressed in ordinances; quasi-judicial, not legislative
Courts give less deference to the City
Courts look at the standards set out in the City’s ordinance; if the application satisfies the criteria in the ordinance, it must be approved; important to know ordinance requirements
CUP/IUP should be approved if ordinance can be satisfied with imposition of reasonable conditions
Court Review of Land Use Decisions
Variances:
Must show that there are “practical difficulties,” meaning that
-the owner proposes to use the property in a reasonable manner that is not permitted by the ordinance;
-the owner’s plight is due to circumstances unique to the property and not caused by the owner; and
-the variance, if granted, will not alter the essential character of the locality
Economic considerations alone do not constitute a “practical difficulty”
Allowed for deviations from dimensional standards, but may not permit a prohibited use
Public Hearings and Decision-
Making
The court’s review of the City’s decision may be restricted to the evidence that was presented before the Planning Commission and the City Council
In making its decision, the City Council also relies upon the evidence that was presented before the Planning Commission and the Planning Commission’s analysis of the issues
Therefore, it is important to follow these guidelines when considering an application:
–Allow all parties to fully present information
–Thoroughly study and review staff reports
–Actively participate in the discussion
–Know and state the reasons for the recommendation or the decision
–Written findings of fact are required, both for court review and by the 60-day law
–Neighborhood opposition alone is an insufficient reason to deny a request, but evidence from neighbors may be considered
Voting
If a tie vote occurs and the decision is one where the Planning Commission is acting in an advisory capacity, the item may proceed to the City Council with a tie vote.
If a tie vote occurs and the decision is one where the Planning Commission is acting as the Board of Appeals and Adjustments or is reviewing a site plan, the motion fails.
-The Chair should then inquire as to whether there are any other motions to be made
-If no other motions are made, the Chair should declare that the application is denied.
Commonly Heard Arguments
“The decision being made will reduce
the value of my property and result in
a taking.”
“If you make this decision you will be
setting a ‘precedent.’”
60-Day Rule
The City has 60 days to review applications related
to zoning (includes zoning, CUPs, site plans, and
variances, but not plats)
The City can extend the deadline up to a maximum
of an additional 60 days
The City can extend the deadline for more than 60
days if the applicant agrees to the extension
Applications that are not finally approved or denied
within the time period are automatically approved
Written reasons are required for any denial
Open Meeting Law
Meetings of the Planning Commission must be open
to the public
A meeting occurs when a quorum or more meets to
discuss Planning Commission business, even if no
decision is made
E-mail discussions can be considered meetings -if a
quorum or more of the Commission participates, it
would violate the open meeting law
Penalties include loss of office, monetary penalties
and possible attorneys’ fees awards