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Brooklyn Center City Zoning Code

35-251 Appeals

35-251Appeals1)Appeal Matters The Planning Commission acting as the Board of Adjustments and Appeals shall hear and recommend and the City Council shall make a final determination in the following appeal matters:a)Appeals from the denial of a building permit made pursuant to the adoption of an official map as provided for in Minnesota State Law.b)Appeals from an order, requirement, or determination made by an administrative officer in the enforcement of the zoning ordinance, where it is alleged that some error in interpretation or judgment exists as provided for in Section 462.357, Subdivision 6 (1), Laws of Minnesota.2)Proceduresa)A written appeal stating the position of the appellant and a fee in an amount as set forth by City Council resolution shall be filed with the Secretary of the Board of Adjustments and Appeals at least fourteen (14) days prior to the next regular meeting of the Board of Adjustments and Appeals.b)The Secretary shall refer the matter to the Board by placing the application upon the agenda of the Board's next regular meeting.c)The Board shall report its recommendations to the City Council not later than thirty (30) days following the date of referral to the Board.d)The application and recommendation of the Board of Adjustments and Appeals shall be placed on the agenda of the City Council within eighteen 18) days following the recommendation of the Board, or in the event the Board has failed to make a recommendation, within forty-eight (48) days of the date of referral to the Board.e)The City Council shall make a final determination of the application within thirty-two (32) days of the recommendation by the Board of Adjustments and Appeals, or in the event the Board has failed to make any recommendation, within sixty-two (62) days of the date of referral to the Board.f)The Secretary of the Board of Adjustments and Appeals, following the Board's action upon the application, and the City Clerk, following the City Council's action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.