The city council shall serve as the board of adjustments and appeals. (Ord. 674, sec. 1, 7-17-2000)
11-7-3: APPLICABILITY:
An appeal shall only be applicable to an administrative order, requirement or interpretation of intent of provisions of this title. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. (Ord. 674, sec. 1, 7-17-2000)
11-7-5: FILING:
An appeal from the action of an administrative officer of the city shall be filed by the property owner or their agent with the zoning administrator within ten (10) days after the making of the order, requirement, or interpretation being appealed. (Ord. 674, sec. 1, 7-17-2000)
11-7-7: STAY OF PROCEEDINGS:
An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the board of adjustment and appeals, 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. (Ord. 674, sec. 1, 7-17-2000)
11-7-9: PROCEDURE:
The procedure for making an appeal shall be as follows:
A. The property owner or their agent shall file with the zoning administrator a notice of appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by ordinance in accordance with Section 11-1-19
of this title. In cases where the application is judged to be incomplete, the zoning administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days of the date of submission.
B. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the board of adjustment and appeals.
C. Pursuant to Minnesota statutes 15.99, the board of adjustment and appeals shall make its decision by resolution within sixty (60) days from the date on which a completed application is filed.
D. The zoning administrator shall serve a copy of the final order of the board upon the applicant by mail.
E. All decisions made by the city regarding an appeal shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the thirty (30) day period defined above. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 867, sec. 11, 5-17-2010; Ord. 1031, 6-1-2020; Ord. passed 8-4-2025)
Lakeville City Zoning Code
CHAPTER 7
APPEALS; ADMINISTRATION
11-7-1: BOARD DESIGNATION:
The city council shall serve as the board of adjustments and appeals. (Ord. 674, sec. 1, 7-17-2000)
11-7-3: APPLICABILITY:
An appeal shall only be applicable to an administrative order, requirement or interpretation of intent of provisions of this title. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. (Ord. 674, sec. 1, 7-17-2000)
11-7-5: FILING:
An appeal from the action of an administrative officer of the city shall be filed by the property owner or their agent with the zoning administrator within ten (10) days after the making of the order, requirement, or interpretation being appealed. (Ord. 674, sec. 1, 7-17-2000)
11-7-7: STAY OF PROCEEDINGS:
An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the board of adjustment and appeals, 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. (Ord. 674, sec. 1, 7-17-2000)
11-7-9: PROCEDURE:
The procedure for making an appeal shall be as follows:
A. The property owner or their agent shall file with the zoning administrator a notice of appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by ordinance in accordance with Section 11-1-19
of this title. In cases where the application is judged to be incomplete, the zoning administrator or their designee shall notify the applicant, in writing, of what information must be provided for the application to be deemed complete within fifteen (15) business days of the date of submission.
B. The zoning administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the board of adjustment and appeals.
C. Pursuant to Minnesota statutes 15.99, the board of adjustment and appeals shall make its decision by resolution within sixty (60) days from the date on which a completed application is filed.
D. The zoning administrator shall serve a copy of the final order of the board upon the applicant by mail.
E. All decisions made by the city regarding an appeal shall be final, except that any aggrieved person shall have the right to appeal within thirty (30) days after delivery of the decision to the appellant, to the District Court in Dakota County. Any person seeking judicial review under this chapter must serve the city and all necessary parties, including any landowners, within the thirty (30) day period defined above. (Ord. 674, sec. 1, 7-17-2000; amd. Ord. 867, sec. 11, 5-17-2010; Ord. 1031, 6-1-2020; Ord. passed 8-4-2025)