Any person may appeal decisions or interpretations of the City Manager, or his designee, issued in connection with the enforcement of any provisions of this chapter or request variances therefrom, provided that such person shall file in the office of the City Manager, along with the fees established by Council for appeals and variances, a written petition to either the Appeals Board or the Planning Commission as provided below.
Upon receipt of such a petition as required in § 51.36 the required fee(s), the Planning Commission shall set a time and place for the public hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and show cause why any decision, interpretation or any item appearing on a notice or order should be modified or withdrawn or a variance granted.
After a public hearing, the Planning Commission may approve the variance request, approve the variance request with such conditions it deems necessary, deny the variance request, or such other action as is appropriate. Should the petitioner not be satisfied with the decision of the Planning Commission, the petitioner may appeal the decision to the Appeals Board.
(B) The Appeals Board. The Appeals Board shall hear and determine appeals or variances to all other sections of this chapter and, upon receipt of a petition setting forth the requirements of § 51.36 and the required fee(s), the Appeals Board shall set a time and place for a public hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given an opportunity to be heard and show cause why any decision, interpretation or any item appearing on a notice or order should be modified or denied or a variance granted.
After a hearing, the Appeals Board shall sustain, modify or deny any item appealed or grant a variance by majority vote, depending on its findings as to whether the provisions of this chapter have been complied with, and the petitioner and the City Manager shall be notified in writing of such findings.
The proceedings at such hearings, including the findings and decision of the Appeals Board and reasons therefor, shall be summarized and reduced to writing and entered as a matter of public record in the office of the City Manager. The record shall also include a copy of every notice, order or variance issued in connection with the matter.
(C) The failure of the petitioner or his representative to appear and state his case at any hearing shall have the same effect as if no petition had been filed.
(D) Filing fees required by this section shall be in addition to the payment of the permits and inspection fees and any other fee which thereafter may occur, and no portion of such filing fee shall be refunded whatever the outcome of the appeal unless such petition shall have been withdrawn prior to the date set for such hearing.
(Ord. 04-1990, passed 3-5-90)