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3.0. PCSR 03-08-2005
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3.0. PCSR 03-08-2005
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8/15/2013 10:54:39 AM
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3/4/2005 3:16:52 PM
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City Government
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PCSR
date
3/8/2005
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<br />. <br /> <br />. <br /> <br />. <br /> <br />zoning approvals, including the adoption and amendment of <br /> <br />comprehensive plans and zoning ordinances, these considerations are <br /> <br />particularly relevant to hearings on rezonings, and to hearings on <br /> <br />conditional use permits, variances and other quasi-judicial and <br /> <br />administrative actions. <br /> <br />1. <br />2. <br /> <br />Notice. Be sure that all statutory requirements for notice are met. <br /> <br />Keep a record. The governing body should assure that a complete <br /> <br />transcript of the public hearing can be prepared, if needed, for <br /> <br />court review. Video tapes, if available, should be preserved for <br /> <br />contested land use applications at least until it is clear that there <br /> <br /> <br />will be no judicial proceedings If video tapes are not available, <br /> <br /> <br />consideration should be given to having a court reporter transcribe <br /> <br /> <br />the proceedings on contested land use applications. All documents <br /> <br /> <br />relied on during the hearing should be kept by the municipality <br /> <br /> <br />until final a decision is made and the time for appeal has run. <br /> <br /> <br />Testimony. All persons desiring to testify at the hearing should be <br /> <br /> <br />allowed to do so, after providing their names and addresses for the <br /> <br /> <br />record. Although there is no requirement that witnesses be sworn <br /> <br />under oath or subject to formal cross examination, and this is not <br /> <br />the practice in any community the speaker is aware of, the <br /> <br />Minnesota Supreme Court has indicated there may be times when <br /> <br />such a procedure may be preferred, if not required, as a matter of <br /> <br />3. <br />
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