Introduce Ordinance To Assign Board of Adjustment and Appeals Duties to the Planning Commission

Currently, the seven (7) members of the Planning Commission also serve as the Board of Adjustment. The duties of the Planning Commission and Board of Adjustment given by the State of Minnesota are found in Minnesota Statute Chapter 462 (Housing, Redevelopment, Planning, Zoning). Through City Code, the City has created two separate boards, the Planning Commission and the Board of Adjustment. Minnesota Statute 462 allows the City to assign the tasks of the Board of Adjustment to an existing board, such as the Planning Commission. Staff would like to discuss the potential and merits of combining these two boards into one, thus streamlining the administrative portions of these two boards.

Minnesota Statute Chapter 462 can be found on-line at https://www.revisor.mn.gov/statutes/?id=462.

No notification required.

Minnesota Statute Section 462.354 enables the City to create a planning agency, including a planning commission, either by charter or ordinance. This section also enables the City to create a Board of Adjustment and Appeals to hear and decide appeals to administrative decisions of City Staff and to hear requests for a variance from the literal provisions of City Code. The Board of Adjustment and Appeals is also given the authority to hear appeals for land uses within Official Map Areas (such as the Highway 10 Official Map). This section essentially requires a Board of Adjustment and Appeals in order for the City to provide a zoning and subdivision ordinance. Finally, this section allows the City to assign these tasks to an existing board (such as the Planning Commission) or to create a separate board.

Historically, the City has chosen to separate the Planning Commission and Board of Adjustment for functional reasons. The Board of Adjustment has quasi-judicial authority, meaning the board has the authority to make the final decision, subject to appeal to the City Council. The Planning Commission is an advisory/recommending body, meaning it does not have the ability to make a final decision on an application. Two separate agendas are prepared. Two separate sets of minutes are prepared. Two separate sets of officers are selected.

Staff finds certain merit in assigning the tasks of the Board of Adjustment and Appeals to the Planning Commission. The Planning Commission is the most likely choice for assigning this task, as this board is tasked with reviewing all land use applications and policy decisions for review. This is made evident in the fact that the same members of the Planning Commission serve as the Board of Adjustment. The format of cases presented to the Planning Commission would have to be revised slightly to ensure the Planning Commission is aware of what capacity they are reviewing certain cases (quasi-judicial versus advisory).

The City Council reviewed the proposal at the July 26th City Council Work Session. Consensus was to move forward with the proposal, after seeking feedback from the Planning Commission.  The Planning Commission recommended approval of assigning Board of Adjustment duties to the Planning Commission.  The only duties provided to the Board of Appeals and Adjustment that Staff recommends remain separate is to maintain a separate appeals board for the Official Map area.

The Planning Commission recommended approval of the assignment of Board of Adjustment and Appeals duties.

Preparation of the ordinance is being handled as part of regular staff duties.

Motion to introduce the ordinance assigning Board of Adjustment and Appeals duties to the Planning Commission.