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4. When providing notice of the hearing, the Director of Community Development or designee shall also mail information on how to obtain a copy of the final order of the Variance Board, and a brief statement of the appeal procedure to the petitioner and to all property owners within the legal notice area prescribed in Section 108. Any person or persons, any private or public board, or taxpayer of the city aggrieved by any decision of the Variance Board shall have the right to file an appeal to the City Council as per Section 108, and after that, may seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, particularly Minnesota Statutes chapter 462, as such statutes may be from time to time amended, supplemented or replaced. (Ord. 1240, 5-8-2000) (Ord 1320, 04-25-2005) (Ord 5. The Variance Board shall meet on a regular schedule and hold public hearings to consider all evidence from city staff and interested persons, prepare findings of fact, and make a decision on the matters they deem appropriate by resolution within sixty (60) days of the variance filing date. 6. Planning Commission Hearing: In the event a request for a variance(s) accompanies a request for a land use or subdivision permit(s) and said land use or subdivision permit(s) is required by ordinance to be heard by the Planning Commission, then the variance(s) shall be heard by the Planning Commission, in lieu of the Variance Board, but following the same procedures as required of applications heard before the Variance Board. 7. The Variance Board shall not reconsider an application for a variance that has been previously denied within the past year if it is substantially similar to the previous application, as determined by the Variance Board. The Variance Board may request additional staff review and adopt such other rules of operations as it shall deem necessary. Any such rules must be approved by the Council. C. Appeals. An appeal to the City Council, acting as the Board of Adjustment and Appeals, from the Variance Board or an administrative ruling of the Community Development Director or his/her designee regarding any interpretation of the intent of this Title or Title 11 of this code, or any action approving or denying an application related to any matter addressed in this Title or Title 11 of this code may be filed in writing by any property owner or their agent with the city manager within ten (10) calendar days after the making of the order or decision being appealed. 1. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed other than by a restraining order that may be granted by a court of record on application, and upon subsequent notice to the city. 2. The written appeal shall state the specific grounds upon which the appeal is made, and shall be accompanied by a fee established by resolution of the city council. A hearing regarding the matter shall be held before the Board of Adjustment and Appeal at its next regular meeting consistent with the notice requirements and other procedures contained in Chapter 108 of this Code. D. Setback Permit Appeals. Not withstanding anything in this Code to the contrary, appeals of setback permits as per Section �-9��1014.OSB 11 of this Code shall be heard by the Variance Board. (Ord. 1301, passed, 2-9-2004, effective 4-1-2004) � -�