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