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Otsego City Zoning Code

CHAPTER 7

ADMINISTRATION - APPEALS

11-7-1: BOARD DESIGNATED:

The City Council shall serve as the Board of Adjustment and Appeals. (Prior Code § 20-7-1)

11-7-2: APPLICABILITY OF APPEAL:

An appeal shall only be applicable to an interpretation of legislative intent of provisions of this title. City staff opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure. (Prior Code § 20-7-2)

11-7-3: PROCEDURES:

   A.   An appeal from the ruling of an administrative officer of the City shall be made by the property owner or his agent within thirty (30) days after the making of the order being appealed.
   B.   The property owner or his agent shall file with the City a notice of appeal stating the specific grounds upon which the appeal is made.
   C.   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 in the decision making process shall not be accepted by the City. (Prior Code § 20-7-3)
   D.   The filing of an appeal shall be accompanied by a fee as provided by section 3-1-2 of this Code. (Prior Code § 20-7-3; amd. 2018 Code)
   E.   The Board of Adjustment and Appeals shall make a finding of fact and its decision by resolution within sixty (60) days from the date at which the City Council first considered the appeal. (Prior Code § 20-7-3)

11-7-4: STAY OF PROCEEDINGS:

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, on notice to the City. (Prior Code § 20-7-4)

11-7-5: APPEALS FROM BOARD DECISIONS:

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 Wright County. Any person seeking judicial review under this ordinance must serve the City and all necessary parties, including any landowners, within the thirty (30) day period defined above. (Prior Code § 20-7-5; amd. Ord. 2020-04, 4-13-2020)