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Appeals <br />You have the right to appeal this determination. The process is outlined in the city’s Code of <br />Ordinances, a summary of which is provided below. Applications, forms and the city’s adopted fee <br />schedule can be found online at www.elkriverMN.gov and are also available at city hall (13065 Orono <br />Parkway NW). <br /> <br />Sec. 30-633 - Appeals, adjustments and variances generally <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, <br />decision, or determination made by the land development staff in the enforcement of this article. <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 <br />meetings, findings, and the action taken on an appeal or variance, including its final order and any <br />conditions established in connection therewith. <br /> <br />Sec. 30-634. - Appeals. <br />(a) An appeal as specified in section 30-633 may be made by any person (appellant), including a city <br />officer or employee, affected by an action of the land development staff. An appeal may be made only <br />following the transmission of a written notice of appeal upon a form provided by the city which <br />specifies the subject and grounds therefor. Such notice must be received by the director of planning <br />within 60 days following the issuance of the order, requirement, decision or determination which is the <br />subject of the appeal. <br />(b) The board, on appeal, may reverse, affirm or modify any order, requirement, decision, or <br />determination from which an appeal has been taken, provided that any decision shall be consistent <br />with this article. All final decisions of the board regarding appeals or variances shall be by written <br />order. In making orders the board shall have the powers of the administrative official from whom the <br />appeal is taken. <br /> <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 <br />for a hearing thereon, which shall occur not later than 30 days following the city's receipt of the <br />request or notice. Not less than ten days before the date of the hearing, notice of the hearing shall be <br />mailed to the petitioner or appellant, be published in the official newspaper, and be mailed to each <br />owner of property situated wholly or partly within 350 feet of the property to which the variance or <br />appeal relates. Failure of a property owner to receive notice shall not invalidate the hearing or <br />proceeding. <br /> <br />Sec. 30-637. - Decisions. <br />Within 30 days after the hearing, the board of adjustments shall make a decision on the matter, which <br />shall be transmitted to the appellant or petitioner by mail. The board shall act to approve, deny or <br />approve with conditions the appeal or request for a variance. Decisions of the board to approve or <br />approve with conditions an appeal or request for a variance shall be final unless appealed to the city <br />council, and shall be effective on the 11th day following the decision by the board unless an appeal to <br />the city council is filed. Decisions of the board to deny an appeal or a variance shall not be final and <br />shall be reviewed by the city council in the same manner as an appeal of a decision by the board. <br /> <br />Sec. 30-638. - Appeals from decisions of board <br />(a) Any person aggrieved by a decision of the board of adjustments on an appeal or a variance, <br />including any city official or employee, may appeal that decision to the city council. Appeals must be <br />in writing and filed with the city planning department within ten calendar days of the board's decision.