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5/28/2014 1:13:58 PM
Creation date
7/3/2013 11:40:52 AM
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Planning Files
Planning Files - Planning File #
3800
Planning Files - Type
Planning-Other
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March 5, 2007 <br />Page 3 <br />Chapter 462, allows for an appeal to the district court. A council may also set up a process by <br />which decisions of the board of appeals and adjustments are final subject to appeal to the <br />council and the right of later judicial review. Finally, a council may decide that board of <br />appeal and adjustments' decisions are only advisory to the council. See Minn. Stat. § 462.354, <br />subd. 2. <br />There is no particular hearing process set forth by statute. Municipalities are given the <br />discretionary authority to determine their own hearing process. The statute says that hearings <br />by the board of appeals and adjustments shall be held "within such time and upon such notice <br />to interested parties as is provided in the ordinance establishing the board." Compare Section <br />462.3595 (requiring public hearings on CUPs in the same manner as ordinance amendments in <br />Section 462.357, subd. 3). <br />In terms of due process concerns, there are really none relevant to the issue. Due <br />process requirements in the land use area are minimal. The basic concept of "notice and an <br />opportunity to be heard" is all that is required. That calls for one hearing, and one hearing <br />only. No more than one need be granted. <br />In terms of amending a zoning ordinance, Minn. Stat. § 462.357 provides that no <br />amendment shall be adopted until a"public hearing" has been held by the planning agency or <br />the governing body. While an amendment to a zoning ordinance may be initiated by the <br />governing body, any amendment not initiated by the planning agency (which is defined to <br />include a planning commission or planning department) shall be referred to the planning <br />agency, if there is one. No action can be taken on the amendment until the planning agency <br />has either issued a report or 60 days has passed from the date of referral to the planning <br />agency. <br />Current Ordinance Structure and Proposed Amendments <br />Currently, Code provision 1014.04(C) allows an appeal to the City Council from a <br />Variance Board decision or "an administrative ruling of the Community Development Director <br />or his or her designee regarding any interpretation under Title X or XI of the Code." In order <br />to effectuate the appeal, it must be done in writing, to the City Manager, within ten calendar <br />days after the making of the order or decision being appealed from. <br />One comment I have in this area is whether the Council wishes to consider having the <br />Variance Board also hear, in the first instance, appeals from any order, requirement, decision <br />or determination made by the Community Development Department in interpreting Title X or <br />XI of the Code. Typically, under Minn. Stat. § 462.357, subd. 6, a board of appeals and <br />adjustments hears these appeals and hears requests for variances. As your Variance Board is <br />made up of inembers of the Planning Commission, their sole focus in their work for the City is <br />
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