The planning commission shall serve as the board of adjustment and appeals and their terms shall run concurrently with their terms on the planning commission. (Ord. 2004-40, 1-3-2005)

An appeal shall only be applicable to an interpretation of legislative intent of provisions of this title. Opinions and evaluations as it pertains to the impact or result of a request are not subject to the appeal procedure. (Ord. 2004-40, 1-3-2005)

   A.   An appeal from the ruling of an administrative officer of the city must be filed with the city by the property owner or their agent within thirty (30) days after the making of the order appealed from.

   B.   Any appeal filed shall be comprehensive and include all matters subject to question. Subsequent appeals filed by the same individual or group which are intended to cause unjustifiable delay shall not be accepted by the city. (Ord. 2004-40, 1-3-2005)

An appeal stays all proceedings in 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. 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 to the city. (Ord. 2004-40, 1-3-2005)

The procedure for making such an appeal shall be as follows:

   A.   The property owner or their agent shall file with the city a written notice of appeal stating the specific grounds upon which the appeal is made. The person filing the appeal shall be given written notice of a hearing date and be able to appear and testify at such hearing. Such hearing shall be held within sixty (60) days of the filing of the appeal. (Ord. 2004-40, 1-3-2005)

   B.   The filing of an appeal shall be accompanied by a fee as established by the city's fee schedule. (Ord. 2004-40, 1-3-2005; amd. Ord. 2007-30, 1-7-2008, eff. retroactive to 1-1-2008)

   C.   The ruling appealed from shall stand unless a majority of all members of the board of adjustment and appeals by resolution vote to overturn or modify the prior ruling within sixty (60) days of the hearing.

   D.   The board of adjustment and appeals shall make its decision by resolution within sixty (60) days of the hearing. (Ord. 2004-40, 1-3-2005)

Any person or persons or any taxpayer, department, board or bureau of the city aggrieved by any decision of the board of adjustment and appeals, shall have the right to seek review within forty five (45) days of the decision with the city council of the city. Any appeal must be filed, in writing, with the city clerk within the forty five (45) day period, and such written appeal shall set forth the decision appealed from and the date of that decision. Upon receiving a notice of appeal, the appeal shall be placed on the agenda of the next regular council meeting to occur following at least fifteen (15) days from the receipt of the appeal. At that meeting the council shall review the findings of fact and decision made by the board of adjustment and appeals, as well as any documents that were furnished to the board of adjustment and appeals on the matter. The council may, but is not required to, allow the aggrieved party and other persons to speak to the council on the issue involved in the appeal. The city council shall have the authority to uphold the decision of the board of adjustment and appeals by passing a resolution adopting the findings of fact and decision of the board of adjustment and appeals, or the council, by a vote of a majority of all of the members of the council, may reverse or modify the decision of the board of adjustment and appeals, in which case the city council shall prepare its own findings of fact and decision on the matter appealed. In the absence of a resolution adopting the findings of the board of adjustment and appeals or of a resolution reversing the decision of the board of adjustment and appeals by a vote of a majority of all members of the council within forty five (45) days of the date of the initial consideration of the appeal at a council meeting, the findings and decision of the board of adjustment and appeals shall be deemed adopted by the city council. Any person or persons or any taxpayer, department, board or bureau of the city aggrieved by the decision of the city council shall have the right to seek review within thirty (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 Minnesota statutes chapter 462, as such statute may be, from time to time, amended, supplemented or replaced. (Ord. 2004-40, 1-3-2005)