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05-13-2003
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Item 1
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• 2. The record should include all evidence and findings in support of <br /> the City's decision. <br /> III. SPECIFIC PLANNING AND ZONING ISSUES <br /> A. Planning—Minnesota Statutes Section 462.353-356 <br /> 1. Authority to plan; establish a planning commission; establish a <br /> board of adjustments and appeals. <br /> a. The adoption or amendment of a comprehensive plan <br /> (including land use plan amendments)requires a two-thirds <br /> vote of the City Council following Planning Commission <br /> review. <br /> b. The adoption of a comprehensive plan is a legislative act as <br /> to which the Council has broad discretion. <br /> i. However,this discretion is limited to the specific <br /> statutory authority granted, and subject to <br /> constitutional limits. <br /> 2. Implementation Plan <br /> a. Moratoria <br /> i. Minnesota Statutes authorizes moratoria to protect <br /> the planning process <br /> • "If a municipality is conducting studies or <br /> has authorized a study to be conducted or <br /> has held or has scheduled a hearing for the <br /> purpose of considering adoption or <br /> amendment of a comprehensive plan or <br /> official control ..." <br /> ii. Moratoria cannot be adopted simply to stop a <br /> specific project <br /> b. Ordinance Amendments and Consistency with the <br /> Comprehensive Plan <br /> i. Consistency with the comprehensive plan is not <br /> required by statute outside of the metropolitan area, <br /> but should be the goal to ensure both the <br /> comprehensive plan and the zoning ordinance, and <br /> decisions made under them, are enforceable. <br /> B. Zoning—Minnesota Statutes Section 462.357 <br /> 1. Authority to adopt, enforce and amend zoning ordinances <br /> • <br /> 4 <br />
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