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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 The Community Development Director or designee shall provide written notice of the request. as per Section 108 of this Code to all adioining and abutting property owners prior to the hearing of the Board. The Zoning Administrator shall also publish notice of public hearing in the official newspaper at least ten (10) days prior to said hearing. In addition. a sign. available from the Community Development Director or designee. shall be placed by the applicant on a portion of the property visible from the primary road frontage. stating that the owner has a request application before the Board. the date of the hearing. and the city hall phone number for fur- ther information. Such sign shall be placed at least ten (10) days prior to said hearing. Additional Information: The City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors. said information to be declared necessary to establish per- formance conditions in relation to all pertinent sections of this Code. Planning Commission Hearing: In the event a request for a variance(s) accompanies a request for a land use or subdivision permit(s) and said land use or subdivision permit(s) is required by ordinance to be heard by the Planning Commission, then the variance(s) shall be heard by the Planning Commission, in lieu of the Board, but following the same procedures as required of applications heard before the Board. The planning commission Board of Adjustment and Appeal shall consider all evidence from city staff and interested persons, prepare findings of fact, and make a decision recommendations on the matter they deem appropriate to the city council. The city council shall make its decision by resolution within sixty (60) days of the appeal filing date planning commission recommendation. The Director of Community Development or designee shall serve a copy of the final order of the Board upon the petitioner by mail. Any person or persons, any private or public board, or taxpayer of the city aggrieved by any decision of the Board of Adjustment and Appeals shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the state of Minnesota, particularly Minnesota Statutes chapter 462, as such statutes may be from time to time amended, supplemented or replaced. (Ord. 1240,5:,8-2000) or ~~ w~n r viousl denied within the ast ear if it is t substantiall identical he Board ma ado t such other rules of 0 erations as it shall deem necessary. Any such rules must be approved by the Council. SECTION 3. Effective Date. This ordinance amendment to the City Code shal upon passage and publication, Passed this _th day of _, 2003. CITY OF ROSEVILLE BY: John Kysylyczyn, Mayor ATTEST: Neal Beets, City Manager ,( ~ e;~ on 2