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ORDINANCE NO. 1301 AN ORDINANCE AMENDING TITLE 10, SECTION 1014, SUBSECTION 1014.04, SECTION 1013, SUBSECTION 1013.02B AND 1013.03 PERTAINING TO THE BOARD OF ADJUSTMENT AND APPEALS THE CITY OF ROSEVILLE ORDAINS: SECTION 1. Purpose: The Roseville City Code, Title 10, Sections 1014, Subsection1014.04 is hereby amended by revising language regarding the designation and operation of the City of Roseville Board of Adjustment and Appeals to allow for more efficient use of the Planning Commission and City Council meetings and providing more specific review of land use variances, by creating a Variance Board and designating three members of the Planning Commission to serve as such Board. SECTION 2. Section 1014.04 is hereby amended to read as follows: 1014.04: BOARD OF ZONING ADJUSTMENTS AND APPEALS: A. Except as described in the subsection below (zoning variances), the City Council shall act as the Board of Adjustment and Appeals B. Zoning Variances. The city council shall annually designate three members of the Planning Commission to act as the Board of Zoning Variances Adjustments and Appeals (hereinafter called the "Variance Board") pursuant to Minnesota Statutes Chapter 462. Requests for variances shall be processed by the community development director or designee in accordance with the provisions of chapter 1 0 13 of this title or other relevant section of this code and Minnesota Statutes 15.99. 1. The Community Development Director or designee shall provide written notice of the request, as per Section 108 of this Code to all property owners within 350 feet prior to a hearing of the Variance Board and shall publish notice of public hearing in the official newspaper at least ten (10) days prior to said hearing. 2. 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 :&ontage, stating that the owner has a request before the Variance Board, the date of the hearing, and the city hall phone number for further information. Such sign shall be placed at least ten (10) days prior to said hearing. 3. 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 performance conditions in relation to all pertinent sections of this Code. 5. The Director of Community Development or designee shall mail a copy of the final order of the Variance Board upon the petitioner and as per Section 108 of this Code to all property owners within the legal notice area prescribed in Section 108. . Any person or persons, any private or public board, or taxpayer of the city aggrieved by any decision of the Variance Board shall have the right to a file an appeal to the City Council as per Section 108, and after that may 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 1