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4. Requests for variances are heard by the Board of Adjustments <br /> • (Planning Commission) and may be appealed to the City Council. <br /> G. Appeals—Minnesota Statutes §462.357, Subd. (6)(1) <br /> 1. Property owners may appeal from a decision or interpretation of <br /> the Zoning Administrator. <br /> a. Appeal is heard first by Board of Adjustments (Planning <br /> Commission). <br /> 2. Zoning Ordinance must be interpreted in favor of property owner <br /> when ambiguous. <br /> H. Subdivision Approvals—Minnesota Statutes Section 462.358 <br /> 1. Subdivision ordinance is a separate ordinance from the zoning <br /> ordinance. <br /> 2. Platting is generally required to subdivide, with certain statutory <br /> and ordinance exceptions. <br /> 3. Subdivision statute provides authority for requiring dedication of <br /> land for parks,roads, etc. <br /> 4. City has 120 days to act on a preliminary plat. <br /> 5. Preliminary plat approval is valid for one year. <br /> 111 6. Final plat approval is valid for two years. <br /> 7. Variance standard is"unusual hardship." <br /> 8. Council acts in a quasi-judicial capacity when reviewing plats. <br /> a. City must generally approve a subdivision or plat which <br /> fully complies with the requirements of the zoning and <br /> subdivision ordinances. <br /> 9. Planning Commission conducts initial review of subdivisions. <br /> Process <br /> The process for applications is the same whether the applicant is a <br /> homeowner, a contractor working on behalf of a business, a property <br /> owner or a developer. <br /> 1. Application submitted. <br /> 2. Staff review and preliminary comments returned to applicant. <br /> 3. Public hearing notices published twice in local newspaper. <br /> 4. Notices mailed to adjacent property owners within 350' of the <br /> subject property. <br /> 5. Planning Commission Public Hearing. <br /> 6. City Council Public Hearing. <br /> • <br /> Joint City Council/Planning Commission Orientation Page 6 <br />