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7A - Review of Appeals Process
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08-16-2012 Planning Commission Meeting
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7A - Review of Appeals Process
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COMMUNI(TY ck&,t <br /> 'GRONVIU NO , <br /> INSTITUTE IAIes <br /> STAFF REPORT <br /> Background Information: The Zoning Ordinance does not have an appeal <br /> timeframe for appeals of decisions made by the Zoning Administrator, or the Planning <br /> Commission/Board of Adjustment. <br /> Section 17- 11.2 "Board of Adjustment" states that the duties of the Board of Adjustment <br /> include, "To consider appeals from the action of the Zoning Administrator wherein the <br /> Board will take the authority of the Administrator." There is no timeframe given for the <br /> appeal to be filed. Since no timeframe is given, the applicant is unsure whether or not <br /> (or when)an appeal of the decision may be filed. <br /> Section 17-11.5 "City Council' states the Council shall decide on appeals from the <br /> decision of the Board of Adjustment on variances, the decision of the Planning <br /> Commission on conditional use permits and to hear appeals from the actions of both the <br /> Board of Adjustment and the Planning Commission where their action is normally final. <br /> Again, no timeframe for an appeal is given. <br /> The City should determine the timeframe in which an appeal must be filed. The City <br /> Attorney suggests an appeal timeframe of at least fifteen days,which is the same amount <br /> a time an appeal must be filed for plats per Section 11.9"Subdivisions": <br /> 6. Preliminary Plat or Preliminary Condominium Plat Approval. <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 /> i <br /> I <br /> 4 <br /> Planning Commission Direction: This item is on the agenda for discussion only. If <br /> the City wishes to amend the ordinance, staff shall be directed to schedule a public <br /> hearing for next month. <br /> s> <br /> i' <br /> j <br /> Pequot Lakes Staff Report 7(a)_1 <br /> August 16,2012 <br />
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