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24 <br />LA515\1\1066805.v2 <br />This section contains requirements for public hearings held by the planning commission, board of <br />adjustment or city council under this chapter. <br />a) Notification of the general public. The director of planning shall set the date for a public <br />hearing and shall have notices of such hearing published in the legal newspaper at least <br />once, and not less than ten days prior to the hearing. <br />b) Notification of surrounding property owners. For any application for which a public <br />hearing is required, the director of planning shall notify all property owners within the <br />affected zone and within 350 500 feet of the outer boundaries of the property in question. <br />1) Failure of any property owner to receive such notification shall not invalidate the <br />proceedings. <br />2) The city council may waive the mailed notice requirements for a city-wide <br />amendment to the zoning ordinance initiated by the planning commission or city <br />council. <br />c) Hearing procedures. <br />1) Public hearings conducted by the planning commission, city council, and board of <br />adjustment. <br />a. The director of planning or his representative shall summarize the <br />application and any associated information. <br />b. The applicant shall be allowed to summarize the request and call any <br />witnesses to support his request. <br />c. The public shall be allowed to make statements concerning the request <br />subject to reasonable limits that may be set by the body conducting the <br />hearing. <br />d. The planning commission, city council and board of adjustment may <br />establish other procedures as needed to ensure due process for those parties <br />involved with the hearing. <br />2) Appeal hearings. The board of adjustment shall hold a hearing and make a decision <br />on any appeal submitted in accordance with LEC 105.12.310. The board of <br />adjustment shall establish rules for due process during appeal hearings and any part <br />to the appeal may appear at the hearing in person or by agent or attorney. At a <br />minimum, the following hearing procedure will be followed: <br />a. Appellant shall present a case and may call any witnesses necessary in <br />support thereof; <br />b. Respondent may ask questions of appellant's witnesses; <br />c. Respondent may call witnesses; <br />d. Appellant may ask questions of respondent's witnesses; <br />e. Respondent may summarize his position; <br />f. Appellant may summarize his position; <br />g. Generally, the Minnesota District Court Rules of Civil Procedure shall <br />apply for the conduct of the hearing. <br />SECTION 18. The City Council of the City of Lake Elmo hereby ordains that Title 105, <br />105.12.300 of the City’s Code of Ordinances is amended as follows (proposed language is <br />underlined, deleted language is shown with strikethrough):