Courts in Minnesota have recently upheld statutory deadlines for appealing zoning decisions to district courts; however, Chanhassen’s City Code does not stipulate a deadline for appealing zoning decisions to a district court.
The City Code establishes the processes and timelines for appealing zoning decisions by the Board of Adjustments and Appeals (Planning Commission) to the City Council, but does not address appealing decisions of the City Council. Zoning decisions made by the City Council can be appealed through the district courts; however, the City Code does not establish a timeframe for appealing those decisions. Recently, courts in Minnesota upheld a statute in another city that required individuals wishing to appeal a zoning decision to make that appeal within thirty days of the decision in question. The City Attorney has recommended that the City of Chanhassen adopt a similar provision in order to ensure the timeliness of any appeals.
The following sections of the Chanhassen City Code are subject to changes:
Section 20-29 establishes a time limit for appealing decisions of the Board of Adjustments and Appeals to the City Council, but is silent on the appeal of City Council decisions.