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Land Use and Zoning-Legal Review Planning Commission Meeting May 13,2003 Page 9 1111 on contested land use applications. All documents relied on during the hearing should be kept by the municipality until final a decision is made and the time for appeal has run. 3. Testimony. All persons desiring to testify at the hearing should be allowed to do so, after providing their names and addresses for the record. Although there is no requirement that witnesses be sworn under oath or subject to formal cross examination,and this is not the practice in any community the speaker is aware of,the Minnesota Supreme Court has indicated there may be times when such a procedure may be preferred,if not required, as a matter of fairness. See Kletschka v. LeSueur County Bd.of Comm'rs.,277 N.W.2d 404 (Minn., 1979). 4. Rebuttal. Even if witnesses are not sworn or cross-examined, governing bodies should allow for informal questioning of witnesses. It is also important to allow the applicant sufficient time to respond to concerns and objections raised at the hearing. This may occur during the hearing or,if the applicant requests or agrees to extend the municipality's time for decision (see below), at a subsequent meeting. 5. Findings of Fact. Findings of fact should be prepared with respect to any contested land use matter,including legislative decisions such as requests for comprehensive plan or zoning ordinance amendments and rezonings. Findings of fact should be based on the evidence • presented at the hearing,and should be keyed to the statutory and ordinance requirements for the proposed land use approval. Findings may be prepared in advance of the hearing, but should be supplemented by specific action of the governing body as necessary to make them consistent with the testimony received at the hearing. The governing body may also continue the hearing to allow for the preparation of more detailed findings for consideration at a future date,provided that sufficient time remains for final action. 6. Publication. Zoning ordinance text amendments and rezonings are effective upon publication. E. 60 Day Rule 1. Minn. Stat. §15.99, commonly referred to as the "60 day Rule," provides, in subdivision 2, as follows: Except as otherwise provided in this section and notwithstanding any other law to the contrary,an agency must approve or deny within 60 days a written request relating to zoning. . . failure of an agency to deny a request within 60 days is approval of the request. If an agency denies the request,it must state in writing the reasons for the denial at the time that it denies the request. III