6.6 ITEM 6.6.
ty of / MEMORANDUM
41kRiver TO: Planning Commission
40
FROM: Scott Harlicker, Assistant City Planner
DATE: February 25, 1997
SUBJECT: Request to Amend the Zoning Code by
Requiring Only City Council Review
for Variances and Appeals by the City
of Elk River, Public Hearing Case No.
OA 97-1
Request
Consider a request by the City of Elk River to amend the zoning code by
requiring only City Council review for variances and appeals.
Overview
• Current status
Currently the City Council functions as the Board of Adjustment; as the
Board of Adjustment the Council acts on variances and appeals from
decisions of the Zoning Administrator. The Planning Commission also
reviews and makes recommendations to the City Council on variances and
appeals.
State Statute
Initially it was thought that the City had the ability to designate the City
Council as the Board of Adjustment and not require review by the Planning
Commission. Upon further research it was found that according to State
Statute 462.354:
" In any municipality in which the planning agency does not act as the
board of adjustment and appeals, the board shall make no decision on
an appeal or petition until the planning agency, if there is one, or a
representative authorized by it has had reasonable opportunity, not to
exceed 60 days, to review and report to the board of adjustments and
appeals upon the appeal or petition."
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to the Planning Commission/OA 97-1
February 25, 1997
Page 2
Therefore, the Planning Commission, acting as the local planning agency,
could be designated as the Board of Adjustment and have the authority to
make decisions on appeals and petitions. However, the City Council acting as
the Board of Adjustment can not make a determination regarding any
petition or appeal without a recommendation from the Planning Commission.
Recommendation
It is recommended that the Planning Commission recommend that the
proposed ordinance amendment be withdrawn based on State Statute
462.354.
s:\planning\scott\oa97-1.doc
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