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March 5,2007 Page 3 Chapter 462, allows for an appeal to the district court. A council z�ay also set up a process by which decisions of the board of appeals and adjustments are final subject to appeal to the council and the right of later judicial review. Finally, a council may decide that board � appeal and adjustments' decisions are only advisory to the council. 5�:�. Minn. Stat. � 462354, subd. 2. There is no particular hearing process set forth by statute. Municipalities are given the discretionary authority to determine their own hearing process. The statute says that hearings by the board of appeals and adjustments shall be held "within such time and upon such notice to interested parties as is provided in the ordinance establishing the board." Cozn�aaxe Section 4623595 (requiring public hearings on �`?�� in the same manner as ordinance amendments in Section 462.357, subd. 3). In terms of due process concerns, there are really none relevant to the issue. Due process requirements in the land use area are minimaL The basic concept of "notice and an opportunity to be heard" is all that is required. That calls for one hearing, and one hearing only. No more than one need be granted. In ter�ns of amending a zoning ordinance, Minn. Stat. �* 462357 provides that no amendment shall be adopted until a"public hearing" has been held by the planning agency or the governing body. While an amendment to a zoning ordinance may be initiated by the governing body, any arnendmen� not initiated by the planning agency (which is defined to include a planning commission or planning department) shall be referred to the planning agency, z�there is one. No action can be taken on the amendment until the planning agency has either issued a report or 60 days has passed from the date of referral to the planning agency. Current Ordinance Structure and Proposed Amendments Curz'e�a�ly, Code provision 1014.04{C} allows an appeal to the City Council from a Variance Board decision or "an administrative ruiing of the Community Development Director or his or her designee regarding any interpretation under Title X or XI of the Code." In order to effectuate the appeal, it must be done in writing, to the City Manager, within ten calendar days after the malting of the order or decisia�� being appealed from. One comment I have in this area is whether the Council wishes to consider having the Variance Board also hear, in the first instance, appeals from any order, requirement, decision or determination made by the Community Development Department in interpreting Title X or XI of the Code. Typically, under Minn. Stat. � 462357, subd. 6, a board of appeals and adjustments hears these appeals and hears requests for variances. As your Variance Board is made up of inembers of the Planning Commission, their sole focus in their work for the City is