The purpose of this article is to provide a procedure for an appeal from the ruling of an administrative officer of the city.

The city council shall serve as the board of zoning adjustment and appeals (board).

An appeal shall only be applicable to an interpretation of the provisions of this Appendix E. City staff opinions and evaluations, as they pertain to the impact or result of a request, are not subject to the appeal procedure.

(a)

An appeal from the ruling of an administrative officer of the city shall be made by the property owner or their agent within 30 days after the making of the order being appealed.

(b)

The property owner or their agent shall file with the city a notice of appeal stating the specific grounds upon which the appeal is made.

(c)

Any objections to an administrative decision not made part of the appeal are waived.

(d)

The filing of an appeal shall be accompanied by a fee as provided for by city council resolution.

(e)

The appeal shall be referred to the board for a hearing. Prior to conducting its hearing, the board may refer the appeal to the planning commission or any other appropriate city advisory board or commission for its review and recommendation. After the hearing, the board shall make a finding of fact and a decision within 60 days from the date at which the board completed the hearing on the appeal.

An appeal stays all proceedings in furtherance of the action being appealed unless it is certified to the board, after the notice of appeal is filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, on notice to the city.

Any person or persons or any board, taxpayer, department, board of bureau of the city aggrieved by any decision of the board shall have the right to seek review within 30 days of the decision with a court of record of such decision in the manner provided by the laws of the State of Minnesota, and particularly Minn. Stats. § 462 as such statute may be from time to time amended, supplemented or replaced.