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Pequot Lakes Staff Report 4 (b) - 1 <br />May 21, 2015 <br /> <br /> <br />PUBLIC HEARING – APPEAL TIMEFRAME <br /> <br />Application: Ordinance Amendment Regarding Appeal Timeframe <br /> <br />Applicant: City of Pequot Lakes <br /> <br />Agenda Item: 4 (b) <br /> <br />Background Information: In 2012 the Planning Commission brought <br />forward an Ordinance Amendment to add a timeframe regarding the appeal <br />process. There was no timeframe in the Zoning Ordinance for an appeal of <br />decisions made by the Zoning Administrator or the Planning Commission/Board <br />of Adjustment. Without a timeframe for appeals, an applicant that has been <br />approved for something may be unsure whether or not the approval they have <br />been given will be reversed. <br /> <br />The City Attorney at the time recommended an appeal timeframe of at least <br />fifteen days, which is consistent with the amount of time an appeal must be filed <br />for plats per Section 11.9 “Subdivisions”: <br /> <br />6. Preliminary Plat or Preliminary Condominium Plat Approval. <br /> <br />H. The City Council will hear any appeal within thirty (30) days of the <br />Planning Commission action and will re-notify anyone noticed for the <br />Public Hearing. Said appeals will be filed with the City Clerk within <br />fifteen (15) days of the decision. <br /> <br />The Planning Commission recommended the following (underlined text is the <br />proposed language): <br /> <br />Section 17-11.2 BOARD OF ADJUSTMENT <br /> <br />2. Duties of the Board of Adjustment. <br /> <br />A. To consider appeals from the action of the Zoning Administrator <br />wherein the Board will take the authority of the Administrator. The <br />Board of Adjustment will hear any appeal within thirty (30) days of <br />the Zoning Administrator’s action. Said appeals shall be filed with the <br />City Clerk within fifteen (15) days of the decision. <br /> <br />Section 17-11.5 CITY COUNCIL <br /> <br />1. The City Council shall have the following duties under this Chapter: <br /> <br />C. To decide within the required time frame the following: