ITEM 4.34_3
TPC
The Planning Company
PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
REPORT DATE: 25 February 2020
RE: Otsego — Zoning Ordinance; Appeals
TPC FILE: 101.01
BACKGROUND
The City has initiated an amendment of the Zoning Ordinance to respond to a recent Minnesota
Supreme Court decision related to appeals of zoning decisions. A public hearing to consider the
amendment has been noticed for the Planning Commission meeting on 16 March 2020 at
7:OOPM.
Exhibits:
■ Draft ordinance
ANALYSIS
Recently, in the case of Schultz v. Town of Duluth, the Minnesota Supreme Court upheld a city's
authority to enact, via the City Code, the ability to limit the time to appeal a City's zoning
decisions to the district court. In a footnote, the court says that the city ordinance's 30 -day limit
on appeals is enforceable. The City Attorney recommends modifying the Zoning Ordinance to
limit time to appeal City decisions related to amendments, conditional use permits, interim use
permits, variances, and administrative permits.
RECOMMENDATION
City staff recommends approval of the proposed Zoning Ordinance amendment as presented.
POSSIBLE ACTIONS
A. Motion to recommend approval of the proposed Zoning Ordinance amendment as
presented.
B. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Ron Wagner, City Engineer
David Kendall, City Attorney
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ORDINANCE NO.: 2020 -XX
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING ZONING DECISION
APPEALS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 11-3-2 of the Zoning Ordinance (Amendments - Procedure) is
hereby amended to add the following provision and subsequent sections renumbered
accordingly:
O. All decisions made by the Citv reaardina an amendment shall be final, except that an
aggrieved person shall have the right to appeal within thirty (30) days after delivery of
the decision to the appellant, to the District Court in Wright County. Any person seeking
judicial review under this ordinance must serve the City and all necessary parties.
including any landowners, within the thirty (30) day period defined above.
Section 2. Section 11-4-2 of the Zoning Ordinance (Conditional Use Permits -
Procedure) is hereby amended to add the following provision and subsequent sections
renumbered accordingly:
o. All decisions made by the Citv reaardina a conditional use permit shall be final. except
that any aggrieved person shall have the right to appeal within thirty (30) days after
delivery of the decision to the appellant, to the District Court in Wright County. Any
person seeking judicial review under this ordinance must serve the City and all
necessary parties, including_ any landowners, within the thirty_ (30) day_ period defined
above.
Section 3. Section 11-5-2 of the Zoning Ordinance (Interim Use Permits - Procedure) is
hereby amended to add the following provision and subsequent sections renumbered
accordingly:
O. All decisions made by the City regarding an interim use permitshall be final, except that
any aggrieved person shall have the right to appeal within thirty (30) days after delivery
of the decision to the appellant, to the District Court in Wright County. Any—person
seeking judicial review under this ordinance must serve the City and all necessary
parties, including any landowners, within the thirty (30) day period defined above.
Section 4. Section 11-6-4.0 of the Zoning Ordinance (Variances - Procedure) is hereby
amended to add the following provision with subsequent sections renumbered accordingly:
15. All decisions made by the City regarding a variance shall be final, except that any
aggrieved person shall have the right to appeal within thirty (30) days after
delivery of the decision to the appellant, to the District Court in Wright County.
Any person seeking judicial review under this ordinance must serve the City and
all necessary parties, including any landowners, within the thirty (30) day period
defined above.
Section 5. Section 11-7-5 of the Zoning Ordinance (Appeals — Appeals from Board
Decisions) is hereby amended to read as follows:
11-17-5: APPEALS FROM BOARD DECISIONS: Any person or persons nr on" heard
taxpayer, department, or bureau of the City aggrieved by aRy deGisien of the Board of
AdjustmeRt and Appeals shall have the right to seek review within thirty (30) days ef the
deGis'en with a GGUFt 9f FeGE)Fd Of SUGh deGiSiGR an the manneF provided by the laws ef the State
mme to tame ameeded SU^^'emeRted ^r replaGed.All decisions made by the City reaardina an
appeal shall be final, except that any aggrieved person shall have the right to appeal within thirty
(30) days after delivery of the decision to the appellant, to the District Court in Wright County.
Any person seeking judicial review under this ordinance must serve the City and all necessary
parties, including any landowners, within the thirty (30) day period defined above.
Section 6. This Ordinance shall become effective immediately upon its passage and
publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2020.
ADOPTED by the City Council of the City of Otsego this 23 d day of March,
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CITY OF OTSEGO
BY:
Jessica L. Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk