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acting as the Board of Adjustments and Appeals. Therefore, this appeal should proceed as <br />follows.- <br />1. The Old Hwy 8 Appeal should be referred to the Planning Commission for review at <br />its next regularly scheduled meeting. As indicated to you previously, Minnesota <br />Statutes § 462.354, Subd. 2, provides as follows.- <br />"In any municipality in which the planning agency does not act as the <br />board of adjustments and appeals, the board shall make no decision and <br />any appeal or petition until the planning agency, if there is one, or a <br />representative authorized by it has had reasonable opportunity,, not to <br />exceed sixty (60) days, to review and report to the board of adjustments <br />and appeals upon the appeal or petition."' <br />Consequently, the Board of Adjustments and Appeals should make no decision on <br />this matter until the Planning Commission has had its opportunity to review and <br />report on the Appeal. <br />2. Following the receipt of the report from the Planning Commission, the Board of <br />Adjustments and Appeals should then hold a public meeting to consider and rule on <br />the Appeal. <br />c C William J. Malinen <br />Patrick Trudgeon <br />