07-28-2025 - Agenda Packet City Council - regular meeting

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L0 M LAND USE (2) Any party may appear at the hearing in person or by agent or attorney. (3) Subject to such limitation as may be imposed by the council, the board may adopt rules for the conduct of proceed- ings before it; and such rules may include provisions for the giving of oaths to wit- nesses and the filing of written briefs by the parties. (4) The board shall 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, including the final order. (Code 1984, § 10.06(3)(F); Code 2003, § 78-97) Sec. 6.12.430. Notice of hearing. A public hearing following requirement of section 6.12.280 shall be required for an appeal or variance. (Code 1984, §§ 2.54(3), 10.06(3)(C), 10.08(2)(B); Code 2003, § 78-98; Ord. No. 166(3rd series), § 1, 3-14-2016; Ord. No. 210(3rd series), § 3, 6-25- 2018) State law reference —Notice of hearings to be as provided by ordinance, Minn. Stats. § 462.354, subd. 2. Sec. 6.12.440. Appeals procedures. (a) The decisions of the board on requests for variances are advisory and will automatically proceed to the council for review. The decisions of the board on appeals are binding. The applicant or other person or officers of the city affected may appeal a binding decision of the board to the council by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. The notice shall be accompanied by a fee in the amount prescribed by the current city fee schedule payable to the city, which fee shall not be refund- able. An appeal under this section shall be filed no later than ten days following the decision of the board. Failure to file an appeal within ten days of the decision shall constitute a waiver of the person's right to a hearing. (b) All decisions made by the city regarding zoning shall be final, except that any aggrieved person shall have the right to appeal within 30 § 6.12.510 days after delivery of the decision to the appel- lant, to the district court of the county. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the 30-day period. (Code 1984, § 10.06(3)(D); Code 2003, § 78-99; Ord. No. 178(3rd series), § 10, 10-10-2016; Ord. No. 242(3rd series), § 1, 4-13-2020) Sec. 6.12.450. Official map. After an official map is adopted, designating locations for future land that is needed for future street purposes and as sites for other necessary public uses, if a permit for a building in such location is denied, the board of appeals and adjustments shall have the power, upon appeal filed with it by the owner of the land, to grant a permit for building in such location in any case in which the board finds, upon the evidence and the arguments presented to it, that: (1) The entire property of the appellant of which such area identified for public purposes forms a part cannot yield a reasonable return to the owner unless such a permit is granted; and (2) Balancing the interest of the city in preserving the integrity of the official map and of the comprehensive municipal plan and the interest of the owner of the property in the use of his property and in the benefits of ownership, the grant of such permit is required by considerations of justice and equity. (Code 1984, § 10.06(3)(B)(3); Code 2003, § 78- 101) State law reference Effect of official map, Minn. Stats. § 462.359, subd. 3. Subdivision II. Variances* Sec. 6.12.510. When granted. The council upon application may grant vari- ances from the strict application of the provi- sions of this chapter and impose conditions and safeguards in the variances so granted, in cases *State law reference —Variances, Minn. Stats. § 462.357, subd. 6(2). CD6:41