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• Approval of an application for a preliminary plat must be given within 120 • <br /> days unless both the city and the applicant agree to an extension. <br /> • Final approval must be given 60 days after the applicant has met all <br /> requirements and conditions. See M. S. § 462.358. <br /> • Some city attorneys believe that the 60 day rule explained in note 1 may <br /> apply to the approval of preliminary plats. <br /> Referral to county engineer or state department of transportation. M. S. § <br /> 4( 505.02, as amended by Laws 2001, Ch. 497, requires that at least 30 days <br /> 1 ---------prior to taking final action on a preliminary plat, the proposed preliminary <br /> plat must be presented to the Commissioner of Transportation for review if <br /> the plat includes or borders on a trunk highway. Within five days after <br /> receiving a preliminary plat that includes or borders on an existing or <br /> proposed county road, the city must submit it to the county engineer for <br /> review. The commissioner of transportation and the county engineer must <br /> report to the city within 30 days with any comments and recommendations <br /> they may have. Counties are required to adopt guidelines for the review by <br /> the county engineer. No preliminary plat may be approved by a city until <br /> these comments and recommendations are received and considered.This <br /> requirement does not extend the 120 day time under the planning act (or the <br /> 60 day rule, if it applies to preliminary plat approval).Within ten days after <br /> approval of the preliminary plat,notice must be sent to the commissioner or <br /> the county board explaining how the comments and recommendations have III <br /> been met. <br /> 3. Adoption and amendment of zoning ordinances. Until recently a 2/3 vote of the <br /> council was necessary to amend a zoning ordinance, under M. S. § 462.357, <br /> Subd. 2. Most zoning ordinances still contain this requirement. The legislature <br /> has recently changed this requirement by Laws, 2001, Chapter 207, to a simple <br /> majority of the council, except that the adoption or amendment of any portion of <br /> a zoning ordinance which changes all or part of the existing classification of a <br /> zoning district from residential to either commercial or industrial requires a <br /> two-thirds majority vote of all members of the city council. In our opinion, a <br /> _ council • i 1 of b i r i . c• • I ire a 2/3 vot• to amend a zoning ordinance, <br /> G L-�� `v except in the circumstances mentioned above, or to approve any application for <br /> P w����, a permit.The planning act clearly states that it provides a"uniform procedure <br /> ��t for adequately conducting and implementing municipal planning". See M. S. <br /> �,� ' 462.351. <br /> 4. Variances. Many zoning ordinances were drafted with standards for granting <br /> variances which are less restrictive than those required by law;These standards <br /> :f should be deleted and the law quoted The statutory authorization for variances <br /> is very restrictive and specific. F variances to subdivision regulations, see M. <br /> S. §462.358, Subd. 6,which permits variances only "where an unusual hardship <br /> on the land exists". For variances to zoning regulations,see M. S. §462.357, • <br /> Subd. 6(1),which permits variances from zoning ordinances only"in instances <br /> 2 <br />