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2. Zoning Ordinance must be interpreted in favor of property owner <br /> • <br /> when ambiguous. <br /> K. Subdivision Approvals–Minnesota Statutes Section 462.358 <br /> 1. Subdivision statute provides authority for requiring dedication of <br /> land for parks, roads, etc. <br /> a. There must be nexus between dedication requirement and <br /> impacts of the subdivision. <br /> b. There must be a"rational basis" for the dedication <br /> requirements. <br /> 2. City has 120 days to act on a preliminary plat. <br /> 3. Preliminary plat approval is valid for one year; final plat approval <br /> is valid for two years. <br /> 4. Variance standard is"unusual hardship." This is less than the <br /> normal variance standard. <br /> 5. Council acts in a quasi-judicial capacity when reviewing plats. <br /> a. City generally must approve a subdivision or plat which <br /> fully complies with the requirements of the zoning and <br /> • subdivision ordinances. <br /> b. City's role is limited to determining if the subdivision <br /> complies with the clear and objective standards of the <br /> subdivision ordinance. <br /> c. Subdivision approval may not be denied in reliance on <br /> general statements of purpose in the subdivision ordinance; <br /> and may not be denied because of the proposed use, if that <br /> use is allowed in the zoning district. <br /> 6. Planning Commission conducts initial review of subdivisions; final <br /> approval is by City Council. <br /> L Process and Findings <br /> 1. Strict compliance with prescribed statutory procedures and notice <br /> requirements is important—especially the 60-day law. <br /> 2. The adoption of contemporaneous findings will make it much <br /> easier to sustain City decisions. <br /> a. Litigation concerns.. <br /> b. Consider preparation of proposed findings with staff <br /> reports.. <br /> 4111 <br /> 9 <br />