11-28-2022 City Council Packet - Laserfiche WebLink

Home Search

47 (4) Appeal. An appeal shall only be applicable to an administrative permit, order, requirement or interpretation of intent of provisions of this ordinance. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. (a) Procedure. An appeal from an administrative action shall be filed by the property owner or their agent with the Zoning Administrator within 10 days after the making of the order, requirement, or interpretation being appealed. 1. The property owner or their agent shall file with the Zoning Administrator an application for appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by City Council ordinance. In cases where the application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within 10 days of the date of submission. 2. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. 3. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustments and Appeals. 4. The Board of Adjustment and Appeals shall consider the application for appeal at a public meeting and consider testimony of the property owner and City staff. 5. The Board of Adjustment and Appeals shall make its decision within 60 days of the date of its official complete submission pursuant to M. S. §15.99 unless extended pursuant to Statute or a time waiver is granted by the applicant. 6. The Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail. 7. No application for a variance shall be resubmitted for a period of 12 months from the date of said order of denial. (5) Expiration. The applicant shall comply with the conditions of approval or complete construction within one (1) year of the date of approval unless a different time is specified in the variance approval. Otherwise, the approval shall be null and void, unless an extension is requested in writing, and for good cause, is granted by the City Council.