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01/12/2022 Item 7A, ZOTA-Administration Section
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01/12/2022 Item 7A, ZOTA-Administration Section
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2-13 <br /> <br />8. Following approval of the variance, the City shall file a certified copy thereof <br />including a legal description of the property with the County Recorder or Registrar of Titles. <br /> <br />(4) Appeal. An appeal shall only be applicable to an administrative permit, order, <br />requirement or interpretation of intent of provisions of this Oordinance. Opinions and evaluations <br />as they pertain to the impact or result of a request are not subject to the appeal procedure. <br /> <br />(a) Procedure. An appeal from an administrative action shall be filed by the property <br />owner or their agent with the Zoning Administrator within 10 days after the making of the order, <br />requirement, or interpretation being appealed. <br /> <br />1. The property owner or their agent shall file with the Zoning Administrator an <br />application for appeal stating the specific grounds upon which the appeal is made. Said application <br />shall be accompanied by a fee as established by City Council Oordinance. In cases where the <br />application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in <br />writing, within 10 days of the date of submission. <br /> <br />2. An appeal stays all proceedings and the furtherance of the action being appealed <br />unless it is certified to the Board of Adjustment Appeals, after the notice of appeal is filed, that by <br />reason of facts stated in the certificate a stay would cause imminent peril to life and property. <br /> <br />3. The Zoning Administrator shall instruct the appropriate staff persons to prepare <br />technical reports when appropriate and shall provide general assistance in preparing a <br />recommendation on the action to the Board of Adjustments and Appeals. <br /> <br />4. The Board of Appeals and Adjustment shall consider the application for appeal at <br />a public meeting and consider testimony of the property owner and City staff. <br /> <br />5. The Board of Adjustment and Appeals shall make its decision within 60 days of <br />the date of its official complete submission pursuant to Minnesota Statutes 15.99 unless extended <br />pursuant to Statute or a time waiver is granted by the applicant. <br /> <br />6. The Zoning Administrator shall serve a copy of the final order of the Board upon <br />the applicant by mail. <br /> Variances. Variances from the requirements of this ordinanceSubmittal Requirements. <br />Applications for variances shall be filed with the Community Development Department and shall <br />be accompanied by the following submittal information: <br /> <br /> Proof of title and contract/purchase agreement and/or property owner signature on <br />the application form when applicable. <br /> <br /> The Community Development Department may waive the certificate of survey <br />when the survey will not provide information relevant to the variance necessary to review the <br />application. <br /> <br /> Graphic information, plans, specifications, or other materials that illustrate the <br />requested variance.
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