A. Board Designation: The City Council shall serve as the Board of Adjustment and Appeals.
B. Applicability: An appeal shall only be applicable to an interpretation of legislative intent of provisions of this chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.
C. Filing: An appeal from the ruling of an Administrative Officer of the City shall be filed by the property owner or their agent with the Planning and Zoning Administrator within thirty (30) days after the making of the order being appealed.
D. Stay Of Proceedings: An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, and upon subsequent notice to the City.
E. Procedure: The procedure for making such an appeal shall be as follows:
1. The property owner or their agent shall file with the Planning and Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made.
2. The Planning and Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustment and Appeals.
3. The Board of Adjustment and Appeals shall make its decision by resolution within sixty (60) days from the date on which a completed application is filed.
4. The Planning and Zoning Administrator shall serve a copy of the final order of the Board upon the petitioner by mail.
F. Appeals From The Board Of Adjustment And Appeals: Any person or persons, any private or public board, or taxpayer of the City aggrieved by any decision of the Board of Adjustment and Appeals shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the State of Minnesota, and particularly Minnesota Statutes chapter 462, as such statutes may be from time to time amended, supplemented or replaced. (Ord. 2014-24, 10-21-2014)