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Section 6. Amendment. That Chapter 9, §9.03.07 Board of Adjustment shall be <br />amended to read as follows: <br /> <br />9.03.07 Appeals. <br /> <br /> Subdivision l. Board Designation: The Planning and Zoning <br />Commission shall serve as the Board of Adjustment and Appeals. However, any <br />action of the Board of Adjustment and Appeals may be appealed to the Council by <br />any affected person if notice of such an appeal is received by the Zoning <br />Administrator within 10 days of the final action of the Board of Adjustment and <br />Appeals. <br /> <br /> Subd. 2. Applicability: An appeal shall only be applicable to an <br />interpretation of legislative intent of provisions of this Chapter or its <br />implementation. Opinions and evaluations as it pertains to the impact or result of <br />a request are not subject to the appeal procedure. <br /> <br /> Subd. 3. Filing: An appeal from the ruling of an administrative <br />officer of the City shall be made by the property owner or their agent within 30 <br />days after the making of the order being appealed. <br /> <br /> Subd. 4. Stay of Proceedings: An appeal stays all proceedings in <br />furtherance of the action being appealed unless it is certified to the Board of <br />Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts <br />stated in the certificate a stay would cause imminent peril to life and property. In <br />such case, proceedings shall not be stayed other than by a restraining order <br />which may be granted by a court of competent jurisdiction on application, and <br />notice to the City. <br /> <br /> Subd. 5. Procedure: The procedure for making such an appeal <br />shall be as follows: <br /> <br />a4 <br /> <br />The property owner or agent shall file with the City a notice of <br />appeal stating the specific grounds upon which the appeal is <br />made. Said application shall be accompanied by a fee as <br />established by Council resolution. <br /> <br />The Board of Adjustment and Appeals shall make its decision by <br />adopting a resolution stating findings of fact and the decision <br />within 60 days of the date the appeal was filed with the City. <br /> <br /> Subd. 6. Appeals from the Board of Adjustment and Appeals: Any <br />person or persons or any board, taxpayer, department, board or bureau of the City <br />aggrieved by any decision of the Board of Adjustment and Appeals, shall have the <br />right to seek review within 30 days of the decision with a court of record of such <br />decision in the manner provided by the laws of the State of Minnesota, and <br />particularly Minnesota Statutes, Chapter 462 as such statute may be from time to <br />time amended, supplemented or replaced. <br /> <br />Ord. 90-23 Final 11/13/90 Page 25 <br /> <br /> <br />