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k" REQUEST FOR BOARD OF ADJUSTMENTS AND APPEALS DISCUSSION Date: January 10, 2011 Board of Adjustments and Appeals Item: C City Manager Approval Item Description: Appeal from Har Mar Mall area residents regarding a property zoning decision made by the City Council on December 13, 20 10 =1L I 2 On December 13, 20 10. the Roseville City Council adopted a new zoning map as part of the overall 3 zoning code update. The new zoning map became effective when published on December 21, 2010. On 4, December 23, 20 10. the City Manager received an appeal by the Har Mar Mall neighborhood residents 5 in regards to the rezoning of the southern edge of the Har Mar Mall parking lot near Cub Foods from 6 R- I Single Family Residential to CB Community Business District. "7 The appeal was based on the following facts: 1) There was no notice or formal hearing of the rezoning. 9 2) A City staff member, in an email acknowledges the City's mistake in the zoning of Har Mar 110 Mall and the subsequent correction of the City's zoning map on the City's website. 11 3) Minnesota Statutes 467.357 (3) requires proper notification of any zoning change and a 4/5 12 majority vote to approve a properly noticed change. 13 City staff, along with the City Attorney, has reviewed the appeal and have determined that there is no 14, provision under the new City Code to allow for residents to appeal a decision made by the City Council 15 to the Board of Adjustment and Appeals. (The City Council also serves as the Board of Adjustment 116 and Appeals). Under Chapter 1009.08 Appeals, only decisions of the Variance Board, an 1 ��7 administrative ruling of the Community Development Department, or an administrative action 11 111",,'11 approving or denying an application or request related to the zoning code can be appealed to the Board 119 of Adjustment and Appeals. The decision regarding the rezoning of a portion of the Har Mar Mall 20 property on December 13, 20 10 was a legislative decision made by the City Council, not an 2i administrative decision, and thus not appealable to the Board of Adjustment and Appeals. A letter to 22 the representatives of the petitioners was sent informing them that the Board of Adjustment and 23 Appeals does not take up appeals to legislative decisions made by the City Council. Instead the 24, Appellants recourse is to seek judicial review of the action pursuant to Minnesota Statutes 462.3 6 1. 25 Despite the fact that the previous City Code appeared to allow for appeals to legislative decisions made 26 by the City Council directly to the Board of Adjustment and Appeals, the recently adopted code is in 27 effect and only allows appeals to Variance Board decisions and administrative rulings of the 28 Community Development Department as previously mentioned. Page I of 2