Laserfiche WebLink
"[A]n agency must approve or deny within 60 days a written request relating to <br />zoning" and "[fjailure of an agency to deny a request within 60 days is approval of the <br />request." Minn. Stat. § 15.99, sub& 2 (2002). "Agency" includes a city or municipality. <br /> <br /> 15.99, subd. 1 (2002). Extensions of this 60-day period are allowed as <br /> <br />Minn. Stat. § <br />follows: <br /> <br /> An agency may extend the time limit * * * before the end of <br /> the initial 60-day period by providing written notice of the <br /> extension to the applicant. The notification must state the <br /> reasons for the extension and its anticipated len~h, which <br /> may not exceed 60 days unless approved by the applicant. <br /> <br />Minn. Stat. § 15.99, subd. 3(f) (2002). <br /> <br /> The statute places the burden on the city to approve or deny the request within 60 <br />days. The statute also places the burden on the city to notify an applicant in writing of <br />any extension of the 60-day period and to provide reasons for that extension. The <br />supreme court has construed the extension language of the statute as unambiguous and <br />has directed that courts must give effect to its plain language. Am. Tower, L.P. ~. City of <br />Grant, 636 N.W.2d 309, 313 (Minn. 2001). The court has further stated that the <br />underlying purpose of the statute is to establish clear deadlines for local governments to <br />take action on zoning applications. Id. at 312. <br /> <br /> Here, Tollefson claims that because its rezoning application was filed with the city <br />on April 30, 2002, the 60-day period expired on June 29. The city argues that the 60-day <br />period began to run on May 15, the date that Tollefson amended its application to request <br /> <br />7 <br /> <br /> <br />