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1 the Variance Board upon the petitioner and as per Section 108 Qf.JQi~ Ccx!t;;JQj!ll adjoining and 2 abutting property owners by mail. Any person or persons, any private or public board, or taxpayer 3 of the city aggrieved by any decision of the Variance Board of j\:djlistment and Appeals shall 4 have the right to seek review of the decision with a court of record in the manner provided by the 5 laws of the state of Minnesota, particularly Minnesota Statutes chapter 462, as such statutes may 6 be from time to time amended, supplemented or replaced. (Ord. 1240, 5-8-2000) 7 8 Q. The planning commission Variance Board of ,^..djustment and }~ppeal shall meet on It...Eg!I.lar 9 schedule and hold public hearings to consider all evidence from city staff and interested persons, 10 prepare findings of fact, and make a decision rcc'Ommendations on the matter~ they deem 11 appropriate to the city council. Thc city council shall make its dccision by resolution within sixty 12 (60) days of the appeal variance filing date~ planning commission rccommcndation. 13 14 1. Planning Commission Hearing: In the event a request for a variance( s) accompanies a request 15 for a land use or subdivision permit(s) and said land use or subdivision permit(s) is required by 16 ordinance to be heard by the Planning Commission, then the variance( s) shall be heard by the 17 Planning Commission, in lieu of the Variance Board, but following the same procedures as 18 required of applications heard before the Variance Board. 19 20 !:LI!!~~ariance Board shall not reconsider a!!.J!I2l2lk~tiQ!Lf.mJL variance which has been 21 previously denied within the past year if it is substantially simi.lar_J&Jhe p[~vious application, as 22 determined by the Variance Board. The Variance Board may request additional staff review and 23 adopt such other f!!lesQ[9..P~IIDjon~_~ it shall deem necessary. Any such rules must be approved 24 !2y the_~9ungil 25 26 C. Appeals. An appeal to the City Council, acting as the Board of AdjQstment and Appeals, from the an 27 administrative_ruling of the Community Development Director or his/her designee regarding any 28 interpretation of the legislativc intent of this title or title 11 of this code, or any action approving or 29 denying an application related to any matter addressed in this title or title 11 of this code may be filed in 30 writing by any property owner or their agent with the city manager ommunity dc'/clopmcnt director 31 within thirty (30) days after the making of the order or decision being appealed. 32 33 1.An appeal stays all proceedings and the furtherance of the action being appealed unless it is 34 certified to the board of adjustment and appeals, after the notice of appeal is filed, that by reason 35 of facts stated in the certificate a stay would cause imminent peril to life and property. In such 36 case, the proceedings shall not be stayed other than by a restraining order that may be granted by 37 a court of record on application, and upon subsequent notice to the city. 38 39 LThe written appeal shall state the specific grounds upon which the appeal is made, and shall be 40 accompanied by a fee established by resolution of the city council. A hearing regarding the matter 41 shall be held before the planning commission Board of Adjustment and Appeal at its next regular 42 meeting consistent with the notice requirements and other procedures contained in chapter 108 of 43 this code. 44 45 2