SYLVAN TOWNSHIP
PLANNING COMMISSION WORKINGMEETING MINUTES
June 9, 2015 7:00 PM
CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL: Brenda Silgjord called the meeting to order at 7:15PM and the Pledge of Allegiance was said.Those present: Scott Hendrickson, Brenda Silgjord, Tane Barclay, Board Liaison Yvette Adelman-Dullinger and Colleen Putnam, Deputy Clerk. Town Board members in attendance were: Roland Anderson, Arlene Schmit and John Wulff. Excused Absence: Greg Bennett. Sign-In sheet attached.
Agenda:Yvette Adelman-Dullingermoved to approve agenda, seconded by Tane Barclayand the motion carried.
Public Input:
None
New Business:
Viewing Audio CD – Practical Guide to Zoning and Land Use Law: The Planning Commission and Town Board members listened to CD 1. Some of the topics discussed on the CD were current case laws and Legislative Updates on land use and zoning Laws. One of the cases dealt with the 60 Day Rule which according to MN Statute 15.99 states that an “agency must approve or deny within 60 days a written request relating to zoning, septic systems, watershed district review, soil and water conservation district review. Failure of an agency to deny a request within 60 days is approval of the request.” Howard Roston, who was the speaker, went on to give the definition of agency and also request. Agency means a department, agency, board, commission, or other group in the executive branch of state government; a statutory or home rule charter city, county, town or school district; any metropolitan agency or regional entity; and any other political subdivision of the state. Request means a written application related to zoning, septic systems, watershed district, soil and water conservation district review, or the expansion of the metropolitan urban service area, for a permit, license, or other governmental approval of an action. A request must be submitted in writing to the agency, if one exists. The agency may reject as incomplete a request not on a form of the agency if the request does not include information required by the agency. A request not on a form of the agency must clearly identify on the first page the specific permit, license, or other governmental approval being sought. No request shall be deemed made if not in compliance with this paragraph. Mr. Roston stated the agency has 10 days to act on the application. Mr. Roston then gave examples of case laws and the summary of cases in the last year which is: the 60 day rule will likely apply to any request that impacts property rights, except when you are trying to change the ordinance themselves or the request relates to the community at large.
Another item discussed was Comprehensive City Plans. Mr. Roston stated zoning has to be consistent with the Comprehensive Guide Plan. If there is a guide plan designation you have to have a zoning that is consistent with that or the City needs to amend their Comprehensive Guide Plan.
Nonconformity: a nonconforming use is one that was previously allowed or existed before a zoning ordinance was enacted that would make it inconsistent, also known as “grandfathered in”.A municipality may terminate a nonconforming use in four ways: (1) condemn the property or buy it (2) show the use was discontinued for more than a year (3) the use was destroyed by fire or other peril to the extent of greater than 50% of its estimate market value (4) show that it is a nuisance. If no building permit is applied for within 180 days of the damage, the nonconformity must end and any subsequent use or occupancy must be conforming.
Conditional Use Permit (CUP): a conditional use in any zoning district. If the landowner meets the conditions that the municipality may have the municipality must issue the CUP permit, they cannot deny it. The municipality can issue the permit subject to reasonable conditions which are screening, landscaping, fences, limit on the number of outside storage, detail site plan, anything that is reasonable for the use. Unreasonable conditions are conditions that don’t relate to the permit and can be challenged. If the conditions on the CUP are not met that would be the sole reason for revoking the CUP. A public hearing would need to take place and need to have very detailed findings of facts, conclusions and resolution supporting the decision to revoke the CUP.
Mr. Roston did a legislative update on the Marriage Amendment; Safe at Home Program and the MN Government Data Practices Act. He also discussed a new law for Contract for Deeds.
Mark Savin, Mr. Roston’s partner, went through other law cases some regarding zoning. One of the terms he used often was negative externality, which means negative impacts such as noise, wind, smoke, water, smell, etc. Something that annoys the neighbors.
At this time the Planning Commission and Town Board members completed listening to CD 1 which is 1 of 5 and had discussion using examples of local issues.
Adjournment: Scott Hendrickson moved to adjourn, seconded by Tane Barclay,and the motion carried with the meeting being adjourned at 8:35 PM.
Minutes submitted by:
______
Colleen Putnam, Deputy Clerk
PC Member __Scott Hendrickson______moved to approve the minutes as presented, seconded by __Tane Barclay and the motion carried.
Amendments:
Date: July 9, 2015
June 9, 2015Page 1