(A) Appeal matters. The Planning Commission shall hear and recommend and the Council, sitting as a Board of Adjustments and Appeals, shall make a final determination in the following appeal matters:
(1) Appeals from the denial of a building permit made pursuant to the adoption of an official map as provided for in state law; and
(2) Appeals from an order, requirement or determination made by an administrative officer in the enforcement of the zoning chapter, where it is alleged that some error in interpretation or judgment exists as provided for in M.S. § 462.367, Subdivision 6(1).
(B) Procedures.
(1) A written appeal stating the position of the appellant shall be filed with the Secretary of the Planning Commission at least 14 days prior to the next regular meeting of the Council, sitting as a Board of Adjustments and Appeals.
(2) The Secretary shall refer the matter to the Planning Commission by placing the application upon the agenda of the Planning Commission’s next regular meeting.
(3) The Planning Commission shall report its recommendations to the Council not later than 30 days following the date of referral to the Planning Commission.
(4) The application and recommendation of the Planning Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Planning Commission has failed to make a recommendation, within 60 days of the date of referral to the Planning Commission.
(5) The Council shall make a final determination of the application within 30 days of the recommendation of the Planning Commission, or in the event the Planning Commission has failed to make any recommendation, within 90 days of the date of referral to the Planning Commission.
(6) The Secretary of the Planning Commission following the Planning Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
(1989 Code, § 11.15) (Ord. 129, eff. 4-24-1976)