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ITEM 6.6. <br /> <br />City of <br /> <br />MEMORANDUM <br /> <br />'ver TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />Planning Commission <br /> <br />Scott Harlicker, Assistant City Planner~ <br /> <br />February 25, 1997 <br /> <br />SUBJECT: <br /> <br />Request to Amend the Zoning Code by <br />Requiring Only City Council Review <br />for Variances and Appeals by the City <br />of Elk River, Public Hearing Case No. <br />OA 97-1 <br /> <br />Request <br /> <br />Consider a request by the City of Elk River to amend the zoning code by <br />requiring only City Council review for variances and appeals. <br /> <br />Overview <br /> <br />Current status <br /> <br />Currently the City Council functions as the Board of Adjustment; as the <br />Board of Adjustment the Council acts on variances and appeals from <br />decisions of the Zoning Administrator. The Planning Commission also <br />reviews and makes recommendations to the City Council on variances and <br />appeals. <br /> <br />State Statute <br /> <br />Initially it was thought that the City had the ability to designate the City <br />Council as the Board of Adjustment and not require review by the Planning <br />Commission. Upon further research it was found that according to State <br />Statute 462.354: <br /> <br />"In any municipahty in which the planning agency does not act as the <br />board of adjustment and appeals, the board shall make no decision on <br />an appeal or petition until the planning agency, if there is one, or a <br />representative authorized by it has had reasonable opportunity, not to <br />exceed 60 days, to review and report to the board of adjustments and <br />appeals upon the appeal or petition." <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 44t-7425 <br /> <br /> <br />