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4. Certification Procedure. <br /> <br />A. A copy of all notices of any public hearings, or where <br />a public hearing is not required, a copy of the application <br />to consider zoning amendments, variance, or inconsistent <br />plats under this ordinance shall be sent so as to be received <br />by the commissioner at least 30 days prior to such hearings <br />or meetings to consider such actions. The notice or <br />application shall include a copy of the proposed ordinance or <br />amendment, or a copy of the proposed inconsistent plat, or a <br />description of the requested variance. <br /> <br />B. The City of Elk River shall notify the commissioner of <br />its final decision on the proposed action within ten days of <br />the decision. <br /> <br />C. The commissioner shall, no later than 30 days from the <br />time he receives notice of the final decision, communicate <br />either certification of approval, with or without conditions, <br />or notice of nonapproval. <br /> <br />D. The action becomes effective when and only when either: <br /> <br />i. The final decision taken by the City of Elk River <br />has previously received certification of approval from <br />the commissioner; or, <br /> <br />ii. The City of Elk River receives certification of <br />approval after its final decision; or, <br /> <br />iii. Thirty days have elapsed from the day the <br />commissioner received notice of the final decision, and <br />the City of Elk River has received from the <br />commissioner neither certification of approval nor <br />notice of nonapproval; or, <br /> <br />iv. The commissioner certifies his approval after <br />conducting a public hearing. <br /> <br />E. In case the commissioner gives notice of nonapproval of <br />an ordinance, amendment, variance, or inconsistent plat, <br />either the applicant or the City of Elk River may within 20 <br />days of said notice, file with the commissioner a demand for <br />hearing. If the demand for hearing is not made within 30 <br />days, the notice of nonapproval becomes final. <br /> <br />i. The hearing will be held in an appropriate local <br />community within 60 days of the demand and after at <br />least two weeks' published notice. <br /> <br />ii. The hearing will be conducted in accordance with <br />Minnesota Statutes, Section 103G.311, subdivisions 2,6, <br />and 7. <br /> <br /> <br />