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�� � � <br />� <br />Cammunity Development Department <br />, <br />� <br />i ` �� � <br />� To: Roseville City Council <br />From: John Stark, Community Development Director <br />(ti Date: March 14,2007 <br />Re: Variance and AdministrativeRuling Appeals Process <br />K On February 12, the City Council considered modificationsto the process for appealing <br />'� decisions of the Variance Board or "Administrative Rulings" of City Staff pertaining to <br />] U land use decisions. The modificationssuggested by staff are outlined in the attached <br />] 1 Request for Council Action (dated February 12,2007). <br />1� <br />L a At the City Co�ncil meeting (see attached Extract of Minutes), members of the Council <br />I � discussed: <br />_ 9� o Implications of delegating decision-making on the issuance of variances to the <br />� �r Variance Board; <br />]� o The need to officially designate a"Public Hearing" for the Council's <br />I S consideration of an appeal; <br />1�� o Whether or not to accept "new x��o�a,�tio�'° as part of the Appeal process; <br />�� o The statutory requirements for consideration of variances, the statutory authority <br />� l for the City Council to delegate its decision-making regarding variances to the <br />�.�. Variance Board and the statutory regulation of hearing variance appeals, and; <br />�. ; o A desire to further review the existing City Code regarding variances, variance <br />�� appeals and administrative rulings appeals. <br />�:5 <br />2� City Attorney Scott Anderson responded to many of the questions related to statutory <br />�� requirements in a letter dated March 5, 2007 (attached). In this letter, Mr. Anderson <br />� 8 opines that a municipality is required to ha�e a Variance Board which may be a distinct <br />?� body or may be the Planning Commission or the City Council as a whole. Further, Mr. <br />,� �} Anderson states that cities can choose whether appeals of the Variance Board are to be <br />31 heard by the City Council or are to go directly to the district court. If a City Council <br />�� chooses to hold an appeal hearing, there is no defined process and a city can use its own <br />3� discretion in establishing such a process. <br />Council Variance Appeal Memo Page 1 of 2 <br />