Laserfiche WebLink
ITEM 6.6. <br /> ty of / MEMORANDUM <br /> 41kRiver TO: Planning Commission <br /> 40 <br /> FROM: Scott Harlicker, Assistant City Planner <br /> DATE: February 25, 1997 <br /> SUBJECT: Request to Amend the Zoning Code by <br /> Requiring Only City Council Review <br /> for Variances and Appeals by the City <br /> of Elk River, Public Hearing Case No. <br /> OA 97-1 <br /> Request <br /> Consider a request by the City of Elk River to amend the zoning code by <br /> requiring only City Council review for variances and appeals. <br /> Overview <br /> • Current status <br /> Currently the City Council functions as the Board of Adjustment; as the <br /> Board of Adjustment the Council acts on variances and appeals from <br /> decisions of the Zoning Administrator. The Planning Commission also <br /> reviews and makes recommendations to the City Council on variances and <br /> appeals. <br /> State Statute <br /> Initially it was thought that the City had the ability to designate the City <br /> Council as the Board of Adjustment and not require review by the Planning <br /> Commission. Upon further research it was found that according to State <br /> Statute 462.354: <br /> " In any municipality in which the planning agency does not act as the <br /> board of adjustment and appeals, the board shall make no decision on <br /> an appeal or petition until the planning agency, if there is one, or a <br /> representative authorized by it has had reasonable opportunity, not to <br /> exceed 60 days, to review and report to the board of adjustments and <br /> appeals upon the appeal or petition." <br /> • <br /> 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 <br />