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1 amended, supplemented or replaced. (Ord. 1240,5-8-2000) 2 3 6. The Variance Board shall meet on a regular schedule and hold public hearings to consider all 4 evidence from city staff and interested persons, prepare findings of fact, and make a decision on 5 the matters they deem appropriate by resolution within sixty (60) days of the variance filing date. 6 7 7. Planning Commission Hearing: In the event a request for a variance(s) accompanies a request 8 for a land use or subdivision permit(s) and said land use or subdivision permit(s) is required by 9 ordinance to be heard by the Planning Commission, then the variance(s) shall be heard by the 10 Planning Commission, in lieu of the Variance Board, but following the same procedures as 11 required of applications heard before the Variance Board. 12 13 8. The Variance Board shall not reconsider an application for a variance that has been previously 14 denied within the past year if it is substantially similar to the previous application, as determined 15 by the Variance Board. The Variance Board may request additional staff review and adopt such 16 other rules of operations as it shall deem necessary. Any such rules must be approved by the 1 7 Council. 18 19 C. Appeals. An appeal to the City Council, acting as the Board of Adjustment and Appeals, from the 20 Variance Board or an administrative ruling of the Community Development Director or his/her designee 21 regarding any interpretation of the intent of this Title or Title 11 of this code, or any action approving or 22 denying an application related to any matter addressed in this Title or Title 11 of this code may be filed in 23 writing by any property owner or their agent with the city manager within ten (10) calendar days after the 24 making of the order or decision being appealed. 25 26 I.An appeal stays all proceedings and the furtherance of the action being appealed unless it is 27 certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by 28 reason of facts stated in the certificate a stay would cause imminent peril to life and property. In 29 such case, the proceedings shall not be stayed other than by a restraining order that may be 30 granted by a court of record on application, and upon subsequent notice to the city. 31 32 2. The written appeal shall state the specific grounds upon which the appeal is made, and shall be 33 accompanied by a fee established by resolution of the city council. A hearing regarding the matter 34 shall be held before the Board of Adjustment and Appeal at its next regular meeting consistent 35 with the notice requirements and other procedures contained in Chapter 108 of this Code. 36 37 D. Setback Permit Appeals. Not withstanding anything in this Code to the contrary, appeals of setback 38 permits as per Section 1013.05B 11 of this Code shall be heard by the Variance Board. 39 40 SECTION 3. Section l013.05B 11 (appeals of setback permits) is hereby deleted and 41 rewritten to read as follows: 42 11. A contiguous property owner(s), or the applicant, may appeal the community development director's 43 administrative decision regarding the granting of a setback permit by filing a written appeal with the city 44 manager within ten (10) days of the action granting the setback permit. The Variance Board shall take up 45 the appeal at a regular board meeting within thirty (30) days of the appeal. A setback appeal hearing shall 46 follow notice requirements and other procedures contained in Chapter 108 of this code. 47 SECTION 4. Section l013.02B (Procedure for Variances) is hereby amended to read 48 as follows: 49 50 B. Procedure For Variances: Any owner of land may file an application for a variance by paying 51 the fee set forth in section 1014.03 of this title, providing a completed application and supporting 3