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