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1�� <br />� <br />CQmmunity Development Department <br />2 <br />3 Memo <br />4 To: Roseville City Council <br />5 From: John Stark, Community Development Director <br />6 Date: March 14, 2007 <br />7 Re: Variance and Administrative Ruling Appeals Process <br />8 On February 12, the City Council considered modifications to the process for appealing <br />9 decisions of the Variance Board or "Administrative Rulings" of City Staff pertaining to <br />10 land use decisions. The modifications suggested by staff are outlined in the attached <br />11 Request for Council Action (dated February 12, 2007). <br />12 <br />13 At the City Council meeting (see attached Extract of Minutes), members of the Council <br />14 discussed: <br />15 o Implications of delegating decision-making on the issuance of variances to the <br />16 Variance Board; <br />17 o The need to officially designate a"Public Hearing" for the Council's <br />18 consideration of an appeal; <br />19 o Whether or not to accept "new information' as part of the Appeal process; <br />20 o The statutory requirements for consideration of variances, the statutory authority <br />21 for the City Council to delegate its decision-making regarding variances to the <br />22 Variance Board and the statutory regulation of hearing variance appeals, and; <br />23 o A desire to further review the existing City Code regarding variances, variance <br />24 appeals and administrative rulings appeals. <br />25 <br />26 City Attorney Scott Anderson responded to many of the questions related to statutory <br />27 requirements in a letter dated March 5, 2007 (attached). In this letter, Mr. Anderson <br />28 opines that a municipality is required to have a Variance Board which may be a distinct <br />29 body or may be the Planning Commission or the City Council as a whole. Further, Mr. <br />30 Anderson states that cities can choose whether appeals of the Variance Board are to be <br />31 heard by the City Council or are to go directly to the district court. If a City Council <br />32 chooses to hold an appeal hearing, there is no defined process and a city can use its own <br />33 discretion in establishing such a process. <br />Council Variance Appeal Memo Page 1 of 2 <br />