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97-004 ORDORDINANCE 97- /~ CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.40 O THE CITY CODE OF ORDINANCES (BOARD OF ADJUSTMENTS) TO PROVIDE THAT THE CITY PLANNING COMMISSION SHALL SERVE AS THE CITY BOARD OF ADJUSTMENTS AND TO PROVIDE FOR APPEAL FROM DECISIONS OF THE BOARD OF ADJUSTMENTS TO THE CITY COUNCIL CASE NO. OA 97-1 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.40(1) of the City of Elk River Code of Ordinances shall be amended to read as follows: 1. Membership. The members of the Elk River Planning Commission shall serve as the Board of Adjustments (the Board) required pursuant to Minnesota Statutes 462.354, Subd. 2. Members shall serve until the expiration of their term as Planning Commission members. Board members shall serve without compensation but may be paid for necessary expenses. Section 2. That Section 900.40(2) of the City of Elk River Code of Ordinances shall be amended to read as follows: 2. Board Procedure. The Board may adopt rules of procedure for the transaction of its business consistent with the provisions of this Ordinance and Minnesota Statutes 462.351 through 462.364. Four members of the Board shall constitute a quorum. Regular meetings of the Board shall be held on the fourth Tuesday of each month or at such other times as are specified in its rules. Special meetings shall be held at the call of the Chair who shall be the Chair of the Planning Commission. Notice of special meetings shall be posted at the City Hall and transmitted to members at least three (3) days prior to the date of the meeting. There shall be a fixed place of meeting and all meetings shall be open to the public. A record shall be kept of the Board's transactions, findings and determinations. Section 3. That Section 900.40 (6) of the City of Elk River Code of Ordinances shall be amended by repealing existing subsections (B) and (C) and adopting new subsections (B), (C) and (D), which shall read as follows: B. Decision - Within a reasonable time after the hearing, the Board shall make a decision on the matter which shall be transmitted to the appellant or petitioner by mail. The Board shall act to approve, deny or approve with conditions the appeal or request for a variance. Decisions of the Board to approve or approve with conditions an appeal or request for a variance shall be final unless appealed to the City Council, and shall be effective on the eleventh day following the decision by the Board unless an appeal to the City Council is filed. Decisions of the Board to deny an appeal or for a variance shall not be final and shall be reviewed by the City Council in the same manner as an appeal of a decision by the Board. C. Appeals - Any person aggrieved by a decision of the Board on an appeal or a variance, including any city official or employee, may appeal that decision to the City Council. Appeals must be in writing and filed with the City Planning Department within ten (10) calendar days of the Board's decision. D. City Council Action - the City Council shall hear appeals from decisions of the Board within thirty (30) days of the filing of the appeal, unless that period is extended with the consent of the person who appealed to the City Council and the person who applied to the Board, both of whom shall receive written notice of the date and time when the City Council will hear the appeal. The City Council may reverse, affirm or modify, wholly or partly, the decision of the Board, and shall have all the powers of the Board in acting on appeals. Section 4. That this ordinance shall take effect upon publication as provided by law. Passed and adopted by the City Council of the City of Elk River this l?Tltday of MARCH ,1997. ~I~e'nry~A. Duitsman Mayor City Clerk s:\document\ordinance\oa97.1 .doc Mfidavit of Publication ORDINANCE 97-4 '" C~TY OF ELK AN ORDINANCE OF ELK RIVER AMEND : 900.40 THE "OM C 1 ADJUS !'THAT tOM t A with epart~Em Within ten (10) calend~ days of the Board's decision.' ' " , D. City Council Action -:- ~heCitl Council shall. ~ar appeals from deCi- sions of theBQard Within thirty (30) day", of thefiHI}gof the appeal, unless that period is extended with the con- sent of t4e person j ~ppe~e4 te ~he , City Co' e'" person, w40 . applii!clw t both of whom shaU receive wn .. the date and time W;hE!lJ.' Will hear the appeal. may reverse, "affirm , whqlly' or , partly, the decision Board, and: shalLps,ve"all the po of the Bo~d " inaeting on appeals: :,.., , . : Section 4. That trus ordinance shall +...'1....._ ~#A.....'1l1T'O-;...TI -nn hH~~t.inn - AR:nrovid!" STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) Dm~ being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The' newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ()/~'~~lu:::JU 0,7- 4- which is attached was cut from. the columns of said newspaper, and was printed and published once each week, for I -!!)}.c- cessive weeks; it was first published on Wednesday, the ~tO- day of Y1lo~ , 19~, and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of ,19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the , notice. a b c de fgh ij k I m n 0 p qrs tu v wxyz ~~ttL~ Subscribed and sworn to before me on this C'27-f:!!, I'Ylc~ ,19CJ7 . ~ nJ, y-qcJrw:VUAdi.J NO~ry ~:bllt 1;;" day of RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $--1 wCb .OD $ 13a.o~ $ ( '3"d. ~ Od-. Affidavit of Publication 40 (6) of ,the Qity of Elk River Code' of Ordin ' s.hall be a~ended by. , repeal ting Qubsections (B) and (C) and adopting new subsections (B), (C) aJ\d (9h Which sAAll read as fol. lows:," O'~J 'j" "', ' , , , , , B. D~cifj}9q;., ' ,Within a reasonable time after1tnehearing,the Board shall make'~ 4ec~~i9non the matter which shl\ll itted to the appellant or i>l~t illail,The, BOllI' ~ll appe e to the City, Council, and shall be effective on the 'eleventh day following the decision by tlie Board unles~ an appeal to the City Council is filed. Decisions of the Board to deI}y' an appeal or for a variance shall not be' final] and shall be reviewed by tp.e City Council in the !lame Wanner '!lS' an appeal of'a qeci. sion by,the 13oard., , " " C. Appeals ' Any person aggrieved by' a deCiBicl'I'l"i;1f, the Board on.. an' appeal or a variance, in~uding any city official or employee, :mQ:y appe~ that... cle.;:ision . to ,the Clty Cou,ncll. Appeals' must be in writing and tiled with the City Planning DepartIllent within ten (10) calendar days of the Board's decision. D. City Council Action - the Cit1 Council shall hear appeals from deCl' sions of the 'Board within thirty (30) daY!;l of the filing of the appeal, unless that period is extendecl with the con. sent ofthe person wfu> appealed t? ~he . . City Council' and the', person. who' applieclto the :Board, both of whom shall receive written notice of the date and tiIlle when the City COWlcil will hear the appeal. The City COUlicil may reverse, affirm or modify, wholly or partly, the decision of the Board, and shalLhave'all the powers of the Board in acting on appeals. '. Section 4. That this ordinance shall take effect up~n publi~ation as provid. ed by law. ..'. Passed and adopted. by the City Council of the City of Elk River this 17th day of March, 1. . .;'! ' .. II A. .D1-li~smaIl . ",;.;C.MaY9f ' 'i',;:~ c.-";- "f3 STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) D6l1 -~ being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. . (B) The printed ()/l_~,j/r\~u::JL) 0)7.. 4 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for I !!)Ac- cessive weeks; it was first published on Wednesday, the ~t)- day of r1loU'lC.10 , 19.32-, and was thereafter printed and published on every Wednesday to and including Wednesday, the _ day of ,19_; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the , notice. a bed e f g h ij k 1 m n 0 p q r s t u v 'II' X Y z :rn~~~ Subscribed and sworn to before me on this C;;7-f:5 ~cVl-d-0 ,19C17 . NOI~ f(}. .s~~ ''''''f&f;1 ~;'\<1(.."jl day of RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $~lo1> .aD $ 13a.o~ $ l '3~ - OJ..