Planning Commission

 

(A)  Generally.  The Planning Commission shall have the powers and duties given to city planning agencies generally by law, including the authority to conduct public hearings as directed by the City Council or city policy.  The Planning Commission shall also exercise the duties conferred upon it by this code.  It shall be the purpose of the Planning Commission to prepare and adopt a comprehensive plan for the physical development of the city, including proposed public buildings, street arrangements and improvements, efficient design of major thoroughfares for moving of traffic, parking facilities, public utilities services, parks and playgrounds, a general land use plan and other matters relating to the physical development of the city.  This plan may be prepared in sections, each of which shall relate to a comprehensive plan program.  After the Planning Commission has prepared and adopted the comprehensive plan, it shall periodically, but at least every three years, review the comprehensive plan and any ordinances or programs implementing the plan.

 

(B)  Means of executing plan.  Upon the adoption of a comprehensive plan or any section thereof, it shall be the concern of the Planning Commission to recommend to the City Council reasonable and practical means for putting into effect the plan or section thereof in order that it will serve as a pattern and guide for the orderly physical development of the city and as a basis for judging the timely disbursements of funds to implement the objective.  Means of effectuating the plan shall, among other things, consist of a zoning ordinance, subdivision regulations, capital improvement programming and technical review, and recommendations of matters referred to the Planning Commission by the City Council.

 

(C)  Zoning ordinance.  Pursuant to M.S. ' 462.357(4), as it may be amended from time to time, the Planning Commission shall review all proposed amendments to the zoning ordinance, take part in or conduct public hearings as directed by the City Council or city policy, and make recommendations to the City Council as may be prescribed by the zoning ordinance.

 

(D)  Conditional permits.  The Planning Commission may make recommendations on all requests for a conditional use permit under the terms of the zoning ordinance and may conduct public hearings as directed by the City Council or city policy.  The Planning Commission shall report its recommendations to the City Council for action.

 

(E)  Subdivision regulations.  The Planning Commission may make recommendations in relation to the subdividing of land as prescribed by the ordinance and may conduct public hearings as directed by the City Council or city policy.  The Planning Commission shall report its recommendations to the City Council for action.

 

(F)   Variances.     All applications for variances may be referred to the Planning Commission which may conduct public hearings as directed by the City Council or city policy, and forwarded with or without recommendations directly to the City Council, which shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. ' 462.357, Subd. 6, as it may be amended from time to time for its decision.  The City Council, acting as the Board of Appeals and Adjustments, may hear requests for variances from the literal  provisions of the ordinance in instances only where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and may grant variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. UNDUE HARDSHIP as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. UNDUE HARDSHIP also includes, but is not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in M.S. ' 216C.06, Subd. 14, as it may be amended from time to time, when in harmony with the ordinance. The Board of Appeals and Adjustments may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The Board may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. The Board may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties. All variances issued shall by filed by the City Clerk with the County Recorder.

 

(G)  Appeals to denials of zoning, land use or building permits based on the official map. All appeals to denials of zoning, land use or building permits based on the official map may be referred to the Planning Commission, and forwarded with or without recommendations directly to the City Council. The City Council shall have the powers of a Board of Appeals and Adjustments as provided for in M.S. 462.359, Subd. 4, as it may be amended from time to time for its decision.

 

(H)  Purchase and sale of real property.  Pursuant to M.S. ' 462.356, Subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, if any, the Planning Commission shall review all proposed acquisitions or disposals of publicly owned interests in real property within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings as to the compliance of the proposed acquisition or disposal of real property with the comprehensive municipal plan.  The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed acquisition or disposal of real property has no relationship to the comprehensive municipal plan.

 

(I)   Capital improvements.  Pursuant to M.S. ' 462.356, Subd. 2, as it may be amended from time to time, after adoption of a comprehensive plan, if any, the Planning Commission shall review all proposed capital improvements within the city by the municipality, or any special district or any agency thereof, or any other political subdivision having jurisdiction within the municipality, and make findings, as to the compliance of the proposed capital improvement with the comprehensive municipal plan.  The City Council may by resolution adopted by two-thirds vote dispense with the requirements of this section when in its judgment it finds that the proposed acquisition or disposal of real property has no relationship to the comprehensive municipal plan.

 

(J)   Comprehensive Plan amendments.  Pursuant to M.S. ' 462.355, Subds. 2 and 3, as it may be amended from time to time, after adoption of a comprehensive plan, if any, the Planning Commission shall review all proposed amendments to the comprehensive plan, hold at least one public hearing, and make recommendations to the City Council on comprehensive plan amendments and their relation to the city comprehensive plan and other land use controls.  The Planning Commission shall report its recommendations to the City Council for action.