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ity of <br /> <br />River <br /> <br />ITEH 6.9. <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Mayor and City Council <br /> <br />FROM: <br />DATE: <br /> <br />Scott Harlicker, Planning Assistan~~ <br />March 17, 1997 <br /> <br />SUBJECT: <br /> <br />City of Elk River Request for an <br />Ordinance Amendment Designating <br />the Planning Commission as the <br />Board of Adjustment, Public Hearing <br />Case No. OA 96-17 <br /> <br />Request <br /> <br />Consider a request by the City of Elk River to amend the Zoning Code <br />designating the Planning Commission as the Board of Adjustment. <br /> <br />Attachment <br /> <br />· Ordinance No. 97- <br />· Report to Planning Commission dated February 25, 1997 <br />· Report to City Council dated January 21, 1997 <br /> <br />Overview <br /> <br />Background <br /> <br />On January 21, 1997 the City Council initially considered this request. The <br />Council indicated that they liked the simplifying of the review process that <br />would result from the Planning Commission being designated as the Board of <br />Adjustment. However, some Council members expressed some reservations <br />regarding the Council's responsibility to hear variance requests and appeals <br />and the fact that applicant's may view the Board's decision as final and not <br />appeal a decision to the Council. The Council ultimately voted to deny the <br />proposed ordinance amendment. <br /> <br />Staff was then directed to look at the possibility of designating the City <br />Council as the Board of Adjustment and eliminating routine Planning <br />Commission review of variances and appeals. After researching this issue it <br />was found that state law mandates planning agency, i.e. Planning <br />Commission, review and recommendation of variances and appeals in any <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 <br /> <br /> <br />