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Item # 8.1. <br />5001DS CENTER <br />80 SOUTH EIGHTH STREET <br />MINNEAPOLIS, MN 55402-3796 <br />MAIN: 812.632.3000 <br />FAX: 812.632.4444 <br />MEMORANDUM <br />TO: City Council, City of Elk River <br />FROM: Peter Beck <br />RE: Extra Territorial Zoning Authority <br />DATE: October 11, 2007 <br />PETER BECK <br />ATTORNEY <br />DIRECT DIAL: 612.632.3001 <br />DIRECT FAX: 612.832.4001 <br />PETER.BECK~GPMLAW.COM <br />I have been asked to advise the Council with respect to its authority to exercise zoning and/or <br />subdivision authority in the township areas surrounding the City. <br />Minnesota Statutes § 462.357 provides, in part, as follows: <br />A city may by ordinance extend the application of its zoning regulations to <br />unincorporated territory located within two miles of its limits in any direction, but <br />not in a county or town which has adopted zoning regulations... <br />Minnesota Statutes § 462.358, provides, in part, as follows: <br />A municipality made by resolution to extend the application of its subdivision <br />regulations to unincorporated territory located within two miles of its limits in <br />any direction but not in a town which has adopted subdivision regulations... <br />Pursuant to these statutes, the City of Elk River has the authority to extend the application of its <br />zoning regulations (by ordinance) and its subdivision regulations (by resolution) to <br />unincorporated territory within two miles of the city limits, provided that there are not currently <br />zoning or subdivision regulations in effect in those areas. The Planning staff is researching <br />whether zoning and/or subdivision regulations (either township or Sherburne County) are <br />currently in effect in the townships sun•ounding the City. If there are such regulations currently <br />in effect, the City would not have the authority under these statutes to extend its zoning or <br />subdivision regulations into those townships. If there are not zoning and/or subdivision <br />regulations currently in effect in one or more of the surrounding townships, the City could extend <br />the application of its zoning and/or subdivision regulations two miles into that township, <br />pursuant to the statutes set forth above. <br />Minnesota Statutes § 462.3585 provides an alternative avenue for coordinated city/township <br />planning and land use control. This section authorizes the establishment of a joint planning <br />board to exercise planning and land use control authority in unincorporated areas within two <br />miles of the corporate limits of a city. The statute provides that each governmental unit appoint <br />an equal number of members to the joint planning board. The joint planning board would then <br />serve as the governing body for the purposes of exercising planning and land use control <br />G RAV, PLANT, MOOTV, MOOTV & BENNETT, P. A. <br />A FULL-SERVICE LAW FIRM <br />MINNEAPOLIS, MN ST. CLOUD, MN WASHINGTON, DC <br />WWW.GPMLA W.COM <br />