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2011-015 Council Ordinances
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2011-015 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
07/25/2011
Council Meeting Type
Regular
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4� That granting the variance requested will not confer on the applicant any <br />structures, or buildings in the same district. <br />5) That the proposed actions will be in keeping with the spirit and intent of <br />the ordinance. <br />B. Appeal Procedure. An appeal shall only be applicable to an administrative permit, order, <br />requirement or interpretation of intent of provisions of this Ordinance. Opinions and <br />evaluations as they pertain to the impact or result of a request are not subject to the appeal <br />procedure. The City Council shall be the Board of Appeals and Adjustments with powers <br />listed in Minnesota Statutes 462.3 57, subdivision 6. <br />1. Appeal Procedures. <br />a. An appeal from an administrative action shall be filed by the property <br />owner or their agent with the Zoning Administrator within ten (10) days <br />after the making of the order, requirement, or interpretation being <br />appealed. <br />b. The property owner or their agent shall file with the Zoning Administrator <br />an application for appeal stating the specific grounds upon which the <br />appeal is made. Said application shall be accompanied by a fee as <br />established by City Council ordinance. In cases where the application is <br />judged to be incomplete, the Zoning Administrator shall notify the <br />applicant, in writing, within ten (10) days of the date of submission. <br />c. An appeal stays all proceedings and the furtherance of the action being <br />appealed unless it is certified to the Board of Adjustment Appeals, after <br />the notice of appeal is filed, that by reason of facts stated in the certificate <br />a stay would cause imminent peril to life and property. <br />d. The Zoning Administrator shall instruct the appropriate staff persons to <br />prepare technical reports when appropriate and shall provide general <br />assistance in preparing a recommendation on the action to the Board of <br />Adjustments and Appeals. <br />e. The Board of Appeals and Adjustment shall consider the application for <br />appeal at a public meeting and consider testimony of the property owner <br />and City staff. <br />f. Pursuant to Minnesota Statutes 15.99, the Board of Adjustment and <br />Appeals shall make its decision in accordance with the timeline described <br />for variances in Subd. 4.A.2.c. of this Chapter. <br />(60) days from the date on which a completed application is filed, un -less <br />the review is extended as allowed by MN Stat. 15.99. <br />
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