2. PCSR 10-12-2004 - Laserfiche WebLink

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Findings Of Fact Chapter 11 The Planning Commission's decisions must be based on facts submitted at the public hearing and recorded in the minutes. Facts are also included in staff reports which should be made part of the minutes by reference. Planning Commissioners must always remember that any matter before them could be litigated. They must apply the facts of each agenda item to the applicable law, normally the standards in the ordinance. Based upon this application of facts to the law, the Commission must find reasons or rationale upon which their decision to recommend approval or denial is based. These reasons or rationale are referred to as Findings of Fact. There must be an adequate factual basis in the record to support the legal reasons for the decision. Therefore, these findings must be clearly stated and recorded in the minutes in order to support the decision in the event that the action is legally challenged. Valid bases for findings include: A. The proposed use is consistent with the Comprehensive Plan, and it will not impede the normal and orderly development and improvement of surrounding vacant property. B. The proposed change is consistent with the land use map. C. The proposed zone change is appropriate because an error was made when drawing the original boundaries on the zoning map. D. The proposed use will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity. E. With the conditions placed upon it, the proposed project will not contaminate groundwater. F. Strict adherence to the zoning ordinance would impose an unnecessary hardship on the property owner. Minnesota Planning Association Citizen Planner Handbook Finding of Fact Page 48