Planning Commission Minutes 03-03-2015 Special MeetingMINUTES
SPECIAL MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, March 3rd, 2015 - 4:30 PM - Mississippi Room, Monticello Community Center
Present: Brad Fyle, Alan Heidemann, Linda Buchmann, Amber Kramer, Sam Murdoff
Absent: None
Others: Angela Schumann, Ron Hackenmueller, Steve Grittman (NAC)
1. Call to Order
Alan Heidemann called the special meeting to order at 4:34 p.m.
2. Purpose
The purpose of the special meeting is to conduct a workshop related to Land Use Basics.
3. Land Use Basics Workshop
Angela Schumann indicated that Steve Grittman would present an overview of the
statutory authority related to planning and zoning to provide the Planning Commission
some context for considering land use issues. She invited the commissioners to take
advantage of additional trainings, such as those offered by the League of Minnesota
Cities, GTS and WSB. Schumann also introduced Amber Kramer.
Gritmann presented some background information related to why cities plan and the
authority by which cities plan. He noted that the concept of planning had evolved in
response to the need to establish a process to more efficiently handle property rights
disputes. He defined "property" as a bundle of rights related to ownership. He pointed out
that local governments have constitutional authority to restrain personal freedoms and
property rights for the protection of public health, safety and welfare. Planning and
zoning function as the policing power by which land use issues are addressed.
Grittman noted that the Comprehensive Plan guides local land use policies and zoning
implements those policies through regulation. He suggested that zoning creates a
framework of expectations within which property owners can act and for which
government assumes responsibility for enforcement.
Grittman pointed to several landmark legal decisions to illustrate how zoning has been
challenged and redefined through the years. He indicated that the Supreme Court had
ruled that zoning laws must protect a valid government interest or public use and be a
reasonable method of achieving a goal. He suggested that terms such as public use and
reasonable are not defined and subject to debate.
Grittman also pointed out that that regulations are subject to both procedural and
Planning Commission Special Minutes: 3/03/15
substantive constitutional limitations. This means that private property cannot be taken
without due process of law (the right to be heard), nor without just compensation.
Grittman indicated that lawsuits claiming unconstitutional taking and loss of property
values helped to clarify criteria for regulatory takings (inverse condemnation). He pointed
out that the Supreme Court established a three part test for determining whether a
regulatory taking is appropriate. The test considers the economic impact on the property
owner, the owner's reasonable investment backed expectations, and the character of the
regulation. These rules continue to be valid despite the lack of clear definition.
Grittman added that regulatory takings are further limited to those with a nexus
connection related to the public burden created by the private owner, and roughly
proportional in size to the burden.
Schumann asked Grittman to explain the regulatory structure involved in land dedication.
Grittman pointed out that cities can legally require the dedication of streets and parks and
trails by function of subdivision. Cities must have a plan which identifies the streets or
parks and trails system and a formula which identifies the share of the burden each
individual property places on the system when subdividing or creating new lots.
Grittman also distributed a Planning and Zoning Basics report and provided a brief
overview of the types of planning issues and actions typically addressed by Planning
Commissions. He highlighted information related to meeting conduct and Robert's Rules
of Order, Comprehensive Plans, Rezoning and Zoning amendments, Conditional Use
Permits, Interim Use Permits, Variances, Findings of Fact, "60 Day Rule ", Subdivisions
and Plats, and Planned Unit Developments.
4. Adiournment
ALAN HEIDEMANN MOVED TO ADJOURN THE SPECIAL MEETING AT 6:00
PM. SAM MURDOFF SECONDED THE MOTION. MOTION CARRIED 5 -0.
Recorder: Kerry Burri
Approved: April 7a', 2015.
Attest:
ty Development Director
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