11-24-2003 Council Packet - Laserfiche WebLink

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ZONTNO RECULATIOXS } 78-'"^ by the parties. The board shaU provide for a record of its proceedings, which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it, includina the final order. (Code 1984, §§ 2.54(1), (2), 10.06(3), 10.08(2X0) Sec. 78-97. Hearings. Hearings by the board of appeals and adjust ments shall be held within such time and upon such notice to interested parties, as follows: (1) The board shall within a reasonable time make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. (2) Any party may appear at the hearing in person or by agent or attorney. (3) Subject to such limitation as may be im posed by the council, the board may adopt niles for the conduct of proceedings before it; and such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the parties. (4) The board shall provide for a record of its proceedings, which shall include the min, utes of its meetings, its findings and the action taken on each matter heard by it, including the final order. (Code 1984, S 10.06(3KF)) Sec. 78-98. Notice of hearing. (a) A notice of the time, place and purpose of the hearing on an appeal or variance shall be mail^ at least ten da\3 before the day of the hearing to each owner of affected property and property situated wholly or partly within 330 feet (150 feet in the case of a variance hearing) of the property. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and adclresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person, and shall be made a part of the records of the proceedings. The failure to give published or mailed notice to individual prope^ ovmen or defects in the notice shall not invabdate the proceedings. (b)^ addition, a notice shall be published in the offinal newspaper once at least ten days before ^e day of the hearing. If the board autho rizes the issuance of a permit, the council shall have SIX months from the date of the decision of the board to institute proceedings to acquire such land or interest in the land; and if no such pmeedings are started within that time, the officer responsible for issuing building permits sha^ issue the permit if the application otherwise conforms to this chapter. The board shall specify we exact location, ground area, height and other det^ as to the extent and character of the building for which the permit is granted. (C^e 1984, §§ 2.54(3), 10.06(3X0, 10.08(2KB)) •j reference—Notice of hearings to be as pro- vnded ty ordinance, Minn. Stat. } 462.354, subd. 2. Sec# 4 8-99# Appeals procedures# The applicant or other person or officers oft’ city affected may appeal by filing a written not. stating the action appealed firom and stating the specific pounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current city fee sched ule payable to the city, which fee shall not be refundable. (Code 1984, 5 10.06(3KD)) Sec. 78-100. Subdivisions. Appeals to the board of appeals and adjust ments may be taken by any affected person upon compliance with any reasonable conditions im posed by the subdivision regulations. The board has following powers with respect to the subdivision regulations: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of chapter 82. • (2)To hear requests for varying the regula tions as they apply to specific properties where an unusual hardship on the lan<^ exists, but variances may be granted onl. CD7827