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ZONING REGULATIONS § 78-100 <br /> by the parties. The board shall provide for a give published or mailed notice to individual <br /> record of its proceedings, which shall include the property owners or defects in the notice shall not <br /> minutes of its meetings, its findings and the invalidate the proceedings. <br /> action taken on each matter heard by it,including <br /> the final order. (b) In addition, a notice shall be published in <br /> (Code 1984, §§ 2_54(1), (2), 10.06(3), 10.08(2)(C)) the official newspaper once at least ten days <br /> before the day of the hearing. If the board autho- <br /> rizes the issuance of a permit, the council shall <br /> Sec. 78-97. Hearings. have six months from the date of the decision of <br /> _ _the boarsl to in���v���r9�sQsiix�s�Q�cs�ixire�such .:_:, <br /> -"'��'�"�`"' "'""`"`"'"""��`�"'fieanng"""�`bs y�Tie�ioar�-o�appea�s`an��adjus�= land or interest in the land• and if no such <br /> ments shall be held within such time and upon proceedings are started within that time, the <br /> such notice to interested parties, as follows: ofi'icer responsible for issuing building permits <br /> (1) The board shall within a reasonable time shall issue the permit if the application otherwise <br /> make its order deciding the matter and conforms to this chapter. The board shall specify <br /> shall serve a copy of such order upon the the exact location, ground area, height and other <br /> appellant or petitioner by mail. details as to the extent and character of the <br /> building for which the permit is granted. <br /> (2) Any party may appear at the hearing in (Code 1984, §§ 2.54(3), 10.06(3)(C), 10.08(2)(B)) <br /> person or by agent or attorney. State law reference—Notice of hearings to be as pro- <br /> vided by ordinance,Minn. Stat. §462.354,subd. 2. <br /> (3) Subject to such limitation as may be im- <br /> posed by the council,the board may adopt Sec. 78-99. Appeals procedures. <br /> rules for the conduct of proceedings before �e applicant or other person or officers of the <br /> it; and such rules may include provisions city affected may appeal by filing a written notice <br /> for the giving of oaths to witnesses and stating the action appealed from and stating the <br /> the filing of written briefs by the parties. specific grounds upon which the appeal is made. <br /> (4) The board shall provide for a record of its The notice shall be accompanied by a fee in the <br /> proceedings,which shall include the min- �ount prescribed by the current city fee sched- <br /> utes of its meetings, its findings and the �e payable to the city, which fee shall not be <br /> action taken on each matter heard by it, refundable. <br /> including the final order. (Code 1984, § 10.06(3)(D)) <br /> (Code 1984, § 10.06(3)(F)) <br /> Sec. 78-100. Subdivisions. <br /> Sec. 78-98. Notice of hearing. Appeals to the board of appeals and adjust- <br /> ' ments may be taken by any affected person upon <br /> (a) A notice of the time, place and purpose of compliance with any reasonable conditions im- <br /> the hearing on an appeal or variance shall be posed by the subdivision regulations. The board <br /> mailed at least ten days before the day of the has the following powers with respect to the <br /> hearing to each owner of affected property and subdivision regulations: <br /> property situated wholly or partly within 350 feet <br /> (150 feet in the case of a variance hearing)of the �1) To hear and decide appeals where it is <br /> property. For the purpose of giving mailed notice, �eged that there is an error in any order, <br /> the person responsible for mailing the notice may requirement, decision or determination <br /> use any appropriate records to determine the made by an administrative officer in the <br /> names and addresses of owners. A copy of the enforcement of chapter 82. <br /> notice and a list of the owners and addresses to (2) To hear requests for varying the regula- <br /> which the notice was sent shall be attested to by tions as they apply to specific properties <br /> the responsible person, and shall be made a part where an unusual hardship on the land <br /> of the records of the proceedings. The failure to e�sts,but variances may be granted only <br /> CD78:27 <br />