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2004_0112_Packet
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2004_0112_Packet
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5/12/2014 1:06:31 PM
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12/14/2009 1:39:03 PM
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Roseville City Council
Document Type
Council Agenda/Packets
Meeting Date
1/12/2004
Meeting Type
Regular
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] <br />� <br />3 <br />� <br />5 <br />6 <br />� <br />� <br />C {] <br />EL <br />E� <br />�3 <br />3� <br />F� <br />9 �i <br />]r <br />9$ <br />1� <br />� <br />�. <br />�' <br />� <br />�� <br />?3 <br />��i <br />�.] <br />x �1 <br />L� <br />�$ <br />�� <br />��� <br />�1 <br />�� <br />�x <br />3� <br />3� <br />3�a <br />;s F <br />3� <br />�� <br />�� <br />�l <br />�� <br />�� <br />�� <br />owners within the ler?al notice area vrescribed in Section 108. _ ��� <br />. Any person or persons, any private or public board, or taxpayer of the city <br />aggrieved by any decision of the Variance Board sha11 have the right to a file an appeal to the <br />�'t�� Council as �rr Section 108. and after that ma�seek review of the decision with a court of <br />record in the manner provided by the laws of the State of Minnesota, particularly Minnesota <br />Statutes chapter 462, as such statutes may be from time to time amended, supplemented or <br />replaced. (Ord. 1240, 5-8-2000) <br />6. The Variance Board sha11 meet on a regular schedule and hold public hearings to consider a11 <br />evidence from city staff and interested persons, prepare findings of fact, and make a decision on <br />the matters they deem appropriate by resolution within sixty (60) days of the variance filing date. <br />7. Planning Commission Hearing: In the event a request for a variance(s) accompanies a request <br />for a land use or subdivision permit(s) and said land use or subdivision permit(s) is required by <br />ordinance to be heard by the Planning Commission, then the variance(s) sha11 be heard by the <br />Planning Commission, in lieu of the Variance Board, but following the same procedures as <br />required of applicationsheard before the Variance Board. <br />8. The Variance Board sha11 not reconsider an application for a variance t��� has been � <br />previously denied within the past year if it is substantially similar to the previous application, as <br />determined by the Variance Board. The Variance Board may request additional staff review and <br />adopt such other rules of operations as it sha11 deem necessary. Any such rules must be approved <br />by the Council. <br />C. Appeals. An appeal to the City Council, acting as the Board of Adjustment and Appeals, from the <br />Variance Board or an administrative ruling of the Community Development Director or hislher designee <br />regarding any interpretation of the intent of this Tit1e or Tit1e 11 of this code, or any action approving or <br />denying an application related to any matter addressed in this Tit1e or Tit1e 11 of this code may be filed in <br />writing by any property owner or their agent with the city manager within thirty (30) days after the <br />making of the order or decision being appealed. <br />1.An appeal stays a11 proceedings and the furtherance of the action being appealed unless it is <br />certified to the Board of Adjustment and Appeals, after the notice of appeal is �i1ed, that by <br />reason of facts stated in the certificate a stay would cause imminent peril to life and property. In <br />such case, the proceedings sha11 not be stayed other than by a restraining order that may be <br />granted by a court of record on application, and upon subsequent notice to the city. <br />2. The written appeal sha11 state the speci�ic grounds upon which the appeal is made, and sha11 be <br />accompanied by a fee established by resolution of the city council. A hearing regarding the matter <br />sha11 be held before the Board of Adjustment and Appeal at its next regular meeting consistent <br />with the notice requirements and other procedures contained in Chapter 108 of this Code. <br />D. Setback Permit Appeals. Not withstanding anything in this Code to the contrary, appeals of setback <br />permits as per Section 1013.OSB 11 of this Code sha11 be heard by the Variance Board. <br />�� <br />�� SECTION 3. Section 1013.05B 11(appeals of setback permits) is hereby deleted and <br />�� rewritten to read as follows: <br />�� 11. A contiguous property owner(s), or the applicant, may appeal the community development director's <br />�� administrative decision regarding the granting of a setback permit by �iling a written appeal with the city <br />'�� manager within ten (10) days of the action granting the setbackpermit. The Variance Board sha11 take up <br />� L the appeal at a regular board meeting within thirty (30) days of the appeal. A setback appeal hearing sha11 <br />�� follow notice requirements and other procedures contained in Chapter 108 of this code. <br />
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