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Appeals
<br />You have the right to appeal this determination. The process is outlined in the city's Code of Ordinances, a summary of which is provided below. Applications, forms and the city's
<br />adopted fee schedule can be found online at www.ElklltverMN.gov and are also available at City Hall (13065 Orono Parkway NW).
<br />Sea 30 -633 - Anneals. adjustments and variances aeneraliv
<br />(a) The board of adjustments has the following powers with respect to this article:
<br />(1) Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination matle by the land development staff In the enforcement of this
<br />arficte.
<br />(2) Hear requests for variances from the literal provisions of this article
<br />(b) The board shall provide for a record of its proceedings which shall include minutes of meetings, findings, and the action taken on an appeal or variance, including its final order and
<br />any conditions established in connection therewith.
<br />Sec 30.634 - Appeals
<br />(a) An appeal as specked in section 30633 may be made by any person (appellant), including a city officer or employee, affected by an action of the land development stag. An appeal
<br />may be made only lollowing the transmission of a written notice of appeal upon a form provided by Me city which specifies the subject and grounds therefor. Such notice must be
<br />received by the director of planning within 60 days following the issuance of the order, requirement, decision or determination which is the subject of the appeal.
<br />(b) The board, on appeal, may reverse, affirm or modify any order, requirement, decision, or determination from which an appeal has been taken, provided that any decision shall be
<br />consistent with this article. All final decisions of the board regarding appeals or variances shall be by written order. In making orders the board shall have the powers of the administrative
<br />official from whom the appeal is taken.
<br />Sec. 30 -636 - Hearings
<br />On receipt of a request for a variance or notice of appeal, the board of adjustments shall set a date for a hearing thereon, which shall occur not later than 30 days following the city's
<br />receipt of the request or notice. Not less than ten days before the date of the hearing, notice of the hearing shall be mailed to the petitioner or appellant, be published in the official
<br />newspaper, and be mailed to each owner of property situated wholly or partly within 350 feet of the property to which the variance or appeal relates. Failure of a property owner to
<br />receive notice shall not invalidate the hearing or proceeding.
<br />Ime,
<br />Within 30 days after the hearing, the board of adjustments shall make a decision on the matter, which shall be transmitted to the appellant or petitioner by mail. The board shall ad to
<br />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
<br />final unless appealed to the city council, and shall be effective on the 1 ith day following the decision by the board unless an appeal to the city council is filed. Decisions of the board to
<br />deny an appeal or 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.
<br />Ions of boar
<br />(a) Any Penton aggrieved by a decision of the board of adjustments on an appeal or a variance, including any city official or employee, may appeal that decision to the city council.
<br />Appeals must be in writing and filed with the city planning department within ten calendar days of the boards decision.
<br />(b) The city council shall hear appeals from decisions of the board within 30 days of the filing of the appeal, unless that period is extended with the consent of the person who appealed
<br />to the city council and the person who applied to the board, and both of whom shall receive written notice of the date and time when the city council will hear the appeal. The city council
<br />may reverse, affirm or modify, wholly or party, the decision of the board, and shall have all the powers of the board in acting on appeals.
<br />Nuisances and abatement by the city
<br />Chapter 46 of the Elk River Code of Ordinances addresses nuisances. If the attached notice contains violations pertaining to Chapter 46, nofice is hereby given that the city may, at its
<br />discretion, abate me nuisance as outlined in Sec. 4636:
<br />(a) Upon discovering a public nuisance under the provisions of this article the city administrator or designee shall serve a notice upon the owner of the property upon which the nuisance
<br />exists. Such notice shall be given by cedified mail at the last known address as shown on the property tax records of the county. Such notice shall advise that a nuisance exists and
<br />require the property owner to abate the nuisance within a reasonable time, as established by the city administrator or designee and stated in the notice. Such time shall not be less than
<br />14 days. Such notice shall also advise the property owner of the right to request a hearing before the city administrator or designee to contest the contents of the notice.
<br />(b) If requested by the person upon whom the notice is served under subsection (a) of this section, a hearing before the city administrator or designee shall be held at which the person
<br />may contest the contents of the notice. The request for such a hearing must be made within live days after receipt of the notice provided for in subsection (a) of this section. After such
<br />hearing the city administrator or designee may affirm the notice, modify the notice or quash the notice.
<br />(c) If the property owner does not abate the nuisance as required by the notice provided for in subsection (a) of this section and has not requested a hearing before the city administrator
<br />or designee under subsection (b) of this section, authorized agents of the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against
<br />the property upon which me nuisance was located.
<br />(d) It the property owner requests a hearing before the city administrator or designee under subsection (b) of this section, no abatement actions shall be taken until the hearing is held. If
<br />after the hearing the city administrator or designee affirms or modifies the notice and the nuisance is not abated as provided in the notice as affirmed or modified, authorized agents of
<br />the city shall abate the nuisance. The cost of such abatement shall be collected as a special assessment against the property upon which the nuisance was located.
<br />(e) Nothing In this section prevents abatement by the city of a public nuisance without notice and hearing in the case of an emergency in which there Is an immediate and direct threat to
<br />the public health or safety. The expense of such an emergency abatement shall be collected as a special assessment against the property upon which the nuisance was located.
<br />Requests for a hearing with the city administrator must be made in writing within the timeframe noted above. The address for the city administrator Is 13065 Orono Parkway NW, Elk
<br />River, MN 55330.
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