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