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afia.~tionThe City of Elk River shall notify the Commissioner of its final decision on the proposed <br /> within ten days of the decision. <br /> <br /> f~'n The Commissioner shall, no later than 30 days from the time he receives notice of the <br />F_.. al decision, communicate either certification of approval, with or without conditions, or <br /> <br /> notice of nonapproval. <br /> <br />0 ~- The action becomes effective when and only when either: <br /> <br /> i. The final decision taken b..y the City of Elk River has previously received <br /> certification of approval from the commissioner; or <br /> <br />ii. The City of Elk River receives certification of approval after its final decision; or <br /> <br />iii. Thirty days have elapsed from the day the Commissioner received notice of the <br />final decision, and the City of Elk River has received from the Commissioner neither <br />certification of approval nor notice of nonapproval; or <br /> <br /> iv. The Commissioner certifies his approval after conducting a public hearing. <br /> <br />~. In case the Commissioner gives notice of nonapproval of an ordinance, amendment, <br />variance or inconsistent plat, either the applicant or the City of Elk River may within 30 days <br />of said notice, file with the Commissioner a demand for hearing. If the demand for hearing is <br />not made within 30 days, the notice of nonapproval becomes final. <br /> <br /> i. The hearing will be held in an appropriate local community within 60 days of the <br /> demand and after at least two weeks' published notice. <br /> <br /> ii. The hearing will be conducted in accordance with Minnesota Statutes, section <br /> 103G.311, subdivisions 2, 6, and 7. <br /> <br /> iii. The Commissioner shall either certify his approval or deny the proposed action <br /> within 30 days of the hearing action. <br /> <br />5. Amendments. ' ' <br /> <br /> /q fi(. Requests for amendments of this ordinance may be initiated by a petition of affected <br /> _pro_?e~rty o.wner, s,. t.h..e .pl,an. nin.g, corn, mission, or by action of the City of Elk River. An <br /> amenament not mmatea t~y me planning commission shall be referred to the planning <br /> commission for study and report prior to action by the City of Elk River. <br /> i~ .~. An application for an amendment shall be filed with the Building and Zoning <br /> Administrator. <br /> <br />e Upon receipt in proper form of the application and other requested materials, a public <br /> aring shall be conducted in the manner prescribed by Minnesota Statutes. Following the <br />v blic hearing, the City of Elk River may adopt the amendment in the manner prescribed by <br /> innesota Statutes. <br /> <br /> Certification from the Commissioner must be obtained as specified in Sections <br /> 906.04 <br />and (4) of this Ordinance before the proposed amendment or rezoning becomes effective. <br /> <br /> <br />