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Last modified
7/17/2007 2:05:58 PM
Creation date
6/29/2005 12:06:30 PM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3538
Planning Files - Type
Variance
Status
Approved
Date Final City Council Action
2/9/2004
Planning Files - Ordinance #
1301
Additional Information
VARIANCE BOARD
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<br />1 abutting property owners by mail. Any person or persons, any private or public board, or taxpayer <br />2 of the city aggrieved by any decision of the Variance Board shall have the right to seek review of <br />3 the decision with a court of record in the manner provided by the laws ofthe state of Minnesota, <br />4 particularly Minnesota Statutes chapter 462, as such statutes may be from time to time amended, <br />5 supplemented or replaced. (Ord. 1240, 5-8-2000) <br />6 <br />7 6. The Variance Board shall meet on a regular schedule and hold public hearings to consider all <br />8 evidence from city staff and interested persons, prepare findings of fact, and make a decision on <br />9 the matters they deem appropriate by resolution within sixty (60) days of the variance filing date. <br />10 <br />11 7. Planning Commission Hearing: In the event a request for a variance(s) accompanies a request <br />12 for a land use or subdivision permit(s) and said land use or subdivision permit(s) is required by <br />13 ordinance to be heard by the Planning Commission, then the variance( s) shall be heard by the <br />14 Planning Commission, in lieu of the Variance Board, but following the same procedures as <br />15 required of applications heard before the Variance Board. <br />16 <br />17 8. The Variance Board shall not reconsider an application for a variance which has been <br />18 previously denied within the past year if it is substantially similar to the previous application, as <br />19 determined by the Variance Board. The Variance Board may request additional staff review and <br />20 adopt such other rules of operations as it shall deem necessary. Any such rules must be approved <br />21 by the Council. <br />22 <br />23 C. Appeals. An appeal to the City Council, acting as the Board of Adjustment and Appeals, from an <br />24 administrative ruling of the Community Development Director or his/her designee regarding any <br />25 interpretation of the intent of this title or title 11 of this code, or any action approving or denying an <br />26 application related to any matter addressed in this title or title 11 of this code may be filed in writing by <br />27 any property owner or their agent with the city manager within thirty (30) days after the making of the <br />28 order or decision being appealed. <br />29 <br />30 LAn appeal stays all proceedings and the furtherance of the action being appealed unless it is <br />31 certified to the board of adjustment and appeals, after the notice of appeal is filed, that by reason <br />32 of facts stated in the certificate a stay would cause imminent peril to life and property. In such <br />33 case, the proceedings shall not be stayed other than by a restraining order that may be granted by <br />34 a court of record on application, and upon subsequent notice to the city. <br />35 <br />36 2. The written appeal shall state the specific grounds upon which the appeal is made, and shall be <br />37 accompanied by a fee established by resolution ofthe city council. A hearing regarding the matter <br />38 shall be held before the Board of Adjustment and Appeal at its next regular meeting consistent <br />39 with the notice requirements and other procedures contained in Chapter 108 ofthis code. <br />40 <br />41 D. Setback Permit Appeals. Not withstanding anything in this Code to the contrary, appeals of setback <br />42 permits as per Section 1013.05B 11 of this Code shall be heard by the Variance Board. <br />43 <br />44 SECTION 3. Section l013.05B 11 (appeals of setback permits) is hereby deleted and <br />45 rewritten to read as follows: <br />46 11. A contiguous property owner(s) may appeal the community development director's administrative <br />47 decision regarding the granting of a setback permit by filing a written appeal with the city manager within <br />48 ten (10) days of the action granting the setback permit. The Variance Board shall take up the appeal at a <br />49 regular board meeting within thirty (30) days of the appeal. A setback appeal hearing shall follow notice <br />50 requirements and other procedures contained in Chapter 108 of this code. <br />
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