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Excerpt: Robbinsdale City Code (Zoning) <br />Section 535 - Zoning: administration and enforcement <br />535.05. Variances and appeals. Subdivision 1. Authori .The city council, upon receipt of the <br />recommendation of the planning commission, shall have the authority to consider and grant <br />variances to the provisions of this code where it finds: (a) that undue hardship or practical <br />difficulties would result from the strict application of the provisions of these regulations; and (b) <br />that the granting of the variance will permit the accomplishment of the purposes of this code. The <br />city council, upon receipt of the recommendation of the planning commission, shall have the <br />authority to review and rule upon appeals upon the part of any affected property owner where it is <br />alleged that there has been an error in the interpretation or application of the provisions of this <br />code. <br />Subd. 2. Application. Requests for review and approval of variances or consideration of <br />appeals shall be submitted by the applicant to the city staff upon an approved application form. <br />Requests shall be submitted a minimum of four weeks prior to the planning commnission meeting <br />at which formal action is requested. A certificate of survey showing existing and proposed <br />structures, if any, shall be submitted with all variance requests. <br />Subd. 3. Application fee. Submission of a request for a variance or an appeal shall be <br />accompanied by a fee as established by subsection 535.15 of this code. <br />Subd. 4. Review and approval. <br />(a) Requests for consideration of variances and appeals shall be reviewed by the <br />planning commission, which shall hold public hearings on the items. <br />(b) Individual notices of the public hearing shall be mailed to each owner of record <br />of property located within three hundred fifty feet of the exterior boundaries of <br />the affected property at least ten days prior to the public hearing. Failure of a <br />property owner to receive said notice shall not invalidate any proceedings set <br />forth in this code provided a bona fide attempt has been made to comply with this <br />section. <br />(c) It shall be the duty of the city staff, upon submission of a request for a variance <br />or appeal, to prepare a report on the request for the use of the planning <br />commission and city council. Copies of the report and the submissions of the <br />applicant shall be provided to the planning commission at least five days prior to <br />the scheduled public hearing. Upon presentation at the public hearing, the report <br />shall be entered in and made part of the record of the public hearing. <br />(d) The planning commission shall hold the public hearing on the request as <br />scheduled. The planning commission shall consider the report and <br />recommendation of city staff along with the comments of any members of the <br />public in attendance. The planning commission shall have the authority to request <br />additional information of the applicant, or to obtain expert testimony at the <br />• expense of the applicant. <br />