[Amended 2-7-2000 by Ord. No. 440]
Actions before the Planning Commission acting
as a Board of Adjustments and Appeals shall be initiated by a petition
filed with the Codes Administrator stating the name and post office
address of the petitioner, the order, requirement, decision or determination
appealed from or the variance requested and stating the grounds and
reasons why the petitioner believes the petition should be granted.
If the appeal is from an order requiring an act to be done within
a certain time, the petition must be filed within such time.
[Amended 5-7-2018 by Ord.
No. 499]
After the petition has been filed, a hearing
shall be held on the petition within 45 days after filing. Written
notice of the date and time of hearing shall be mailed to the petitioner,
to the City Attorney of Breckenridge and in cases where a decision
of a department head or official of the City is being appealed from,
to such department head or official at least 10 days prior to such
hearing, unless notice is waived. Any appearance by the petitioner
or any other person at such hearing without objecting to the notice
shall be deemed a waiver of notice. If the petitioner requests a building
permit to build on a location prohibited by an official map, the notice
shall also be published once in the official newspaper for the City
and a copy delivered or mailed to the City Administrator or his/her
designee who shall bring the matter before the Council, which said
notice shall be published and delivered at least 10 days prior to
such hearing.
A.
Any person who is not satisfied with the decision
of the Planning Commission acting as a Board of Adjustments and Appeals
may make a formal appeal to the City Council of all such decisions,
except decisions involving the State Building Code which are required
to be appealed to the Commissioner of Administration through the Minnesota
State Building Inspector in the manner provided by Minnesota law.
B.
Within 15 days after such hearing, the Board shall
make its findings and decision and serve a copy of its decision upon
the petitioner by mail.
C.
In order to perfect an appeal to the City Council
the petitioner shall file a notice of appeal with the City Administrator
or his/her designee within 10 days after such decision has been served
upon him or her by the Board. Said notice of appeal shall inform the
Council that the petitioner is appealing from an adverse decision
of the Board of Adjustments and Appeals and shall describe the decision
of the Board being appealed from or have attached to it a copy of
the decision being appealed from.
[Amended 5-7-2018 by Ord.
No. 499]
D.
Upon receiving a notice of appeal, the City Administrator
or his/her designee shall bring it on for hearing before the Council
at the next regular meeting of the Council which occurs more than
five days after the notice of appeal has been filed.
[Amended 5-7-2018 by Ord.
No. 499]
E.
Prior to such hearing, the City Administrator or his/her
designee shall mail a copy of the notice of appeal to the Secretary
of the Board of Adjustments and Appeals, the City Attorney and the
officer or employee of the City, if any, whose ruling is being appealed.
[Amended 5-7-2018 by Ord.
No. 499]
F.
The City Council shall within 30 days after filing
of such notice of appeal make its findings and order by resolution
and mail a copy thereof to the appellant.
G.
All notices and correspondence to the Planning Commission
shall be filed with the Codes Administrator.
[Added 2-7-2000 by Ord. No. 440]
Within 15 days after said resolution of the
City Council has been served upon the petitioner by mail, the petitioner
may by appropriate legal process appeal to the District Court. Such
legal process must be served upon the City within 15 days following
the service of said resolution upon the petitioner. Such appeal may
be made on the grounds that the decision is contrary to law, or arbitrary
and capricious, or unreasonable, taking into consideration all of
the relevant evidence having probative value.
If the appeals are not made within the time
stated herein, the decision of the employee or official of the City,
the Board of Adjustments and Appeals and the City Council, as the
case may be, shall be final and binding.
In any hearing before the Planning Commission
acting as a Board of Adjustments and Appeals and in any hearing before
the City Council on appeal all relevant evidence having probative
value shall be considered; provided, however, that the introduction
of incompetent evidence shall not invalidate any proceeding.
