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<br />1 owners within the legal notice area prescribed in Section 108. adjoining and_abutting property <br />2 OV.'llers by mail. Any person or persons, any private or public board, or taxpayer of the city <br />3 aggrieved by any decision of the Variance Board shall have the right to a file an appeal to the <br />4 City Council as per Section 108. and after that may seek review of the decision with a court of <br />5 record in the manner provided by the laws of the State of Minnesota, particularly Minnesota <br />6 Statutes chapter 462, as such statutes may be from time to time amended, supplemented or <br />7 replaced. (Ord. 1240,5-8-2000) <br />8 <br />9 6. The Variance Board shall meet on a regular schedule and hold public hearings to consider all <br />10 evidence from city staff and interested persons, prepare findings of fact, and make a decision on <br />11 the matters they deem appropriate by resolution within sixty (60) days ofthe variance filing date. <br />12 <br />13 7. Planning Commission Hearing: In the event a request for a variance( s) accompanies a request <br />14 for a land use or subdivision permit(s) and said land use or subdivision permit(s) is required by <br />15 ordinance to be heard by the Planning Commission, then the variance( s) shall be heard by the <br />16 Planning Commission, in lieu of the Variance Board, but following the same procedures as <br />17 required of applications heard before the Variance Board. <br />18 <br />19 8. The Variance Board shall not reconsider an application for a variance thatwffiefl has been <br />20 previously denied within the past year if it is substantially similar to the previous application, as <br />21 determined by the Variance Board. The Variance Board may request additional staff review and <br />22 adopt such other rules of operations as it shall deem necessary. Any such rules must be approved <br />23 by the Council. <br />24 <br />25 C. Appeals. An appeal to the City Council, acting as the Board of Adjustment and Appeals, from the <br />26 Variance Board or an administrative ruling of the Community Development Director or his/her designee <br />27 regarding any interpretation of the intent of this Title or Title 11 of this code, or any action approving or <br />28 denying an application related to any matter addressed in this Title or Title 11 of this code may be filed in <br />29 writing by any property owner or their agent with the city manager within thirty (30) days after the <br />30 making of the order or decision being appealed. <br />31 <br />32 I.An appeal stays all proceedings and the furtherance of the action being appealed unless it is <br />33 certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by <br />34 reason of facts stated in the certificate a stay would cause imminent peril to life and property. In <br />35 such case, the proceedings shall not be stayed other than by a restraining order that may be <br />36 granted by a court of record on application, and upon subsequent notice to the city. <br />37 <br />38 2. The written appeal shall state the specific grounds upon which the appeal is made, and shall be <br />39 accompanied by a fee established by resolution of the city council. A hearing regarding the matter <br />40 shall be held before the Board of Adjustment and Appeal at its next regular meeting consistent <br />41 with the notice requirements and other procedures contained in Chapter 108 of this Code. <br />42 <br />43 D. Setback Permit Appeals. Not withstanding anything in this Code to the contrary, appeals of setback <br />44 permits as per Section 1013.05B 11 of this Code shall be heard by the Variance Board. <br />45 <br />46 SECTION 3. Section l013.05B 11 (appeals of setback permits) is hereby deleted and <br />47 rewritten to read as follows: <br />48 11. A contiguous property owner(s), or the applicant, may appeal the community development director's <br />49 administrative decision regarding the granting of a setback permit by filing a written appeal with the city <br />50 manager within ten (10) days of the action granting the setback permit. The Variance Board shall take up <br />51 the appeal at a regular board meeting within thirty (30) days of the appeal. A setback appeal hearing shall <br />52 follow notice requirements and other procedures contained in Chapter 108 of this code. <br />