Ordinance No. 0358 03-20-1967ORDINANCE N0. 358
AN ORDINANCE ESTABLISHING A SUS-COMMITTEE OF THE
PLANNING COMMISSION AS THE SOARD OF APPEALS AND
ADNSTMENTS AND REPEALING SECTIONS 45.38, 45.381,
45.39, 45.391, 45.392, 45.393, 45.394, 45.40,
45.401, 45.41, 45.42, 45.421, 45.422, and 45.423.
THE COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS:
� The Council hereby appoints a sub-committee of the Fridley Planning Commission
to serve as the Board of Appeals and Adjustments and to exercise a11 authority
and perform all functions of said Board pursuant to Minnesota Statues 462.351
to 462.364. Said Sub-committee shall consist of five members including the
Me�ber-at-Large of the Planning Commission, who shall serve as Chairman of
the Board of Appeals and four additional members, to be appointed by the City
Council for three year terms. The original appointment shouLd be staggered
so that no more than two members terms shall expire during any one calendar
year.
Section II. Notice of HearinQ.
Notice of hearing of any appeals befoxe the Board of Agpeals sha11 be published
in the official newspaper onee at least ten days before the day of hearing. In
addition, mailed notice shall be sent at least ten days before the date of
hearing to those parties and persons known to have an interest in the appeal.
However, failure to give mailed notice sha11 not invalidate the public hearing
or juxisdiction of the Board of Appeals.
Section III. Public Hearine and Record of Proceedi
All hearings of the Board shall be opened to the public. Any party may sppear
at the hearing in pexson or by agent or attorney. The Board may adopt rules
' for the conduct of the proceedings before it. Such rules may include provisions _
for giving oaths to witnesses and the filing of written briefs by the parties.
The Board shall provide a record of the proceedings including the minutes of
the meeting, its findings of fact and final order or other disposition of the
matter heard.
Sectioa IV. Powers and Duties of the Board of Appeals.
The Board shall hear appeals and review any order, requirement, decision, or
determination made by the zoning administrator. Where there is a practical
difficulty or unnecessary hardship in carrying out the requirements of the zoning
ordinance, the Boaid, after an appeal and hearing may grant a variance of the
regulations pn construation,or alteration of buildings, or.other zeguiati:ons
pertaining to area requirements, set back requirements; or regulations regarding
parking areas, open space, heighth regulation or the use of land buildings or
structures, such variances shall be granted only if the Board finds that the
stxict enforcement of the ordinance or xegulation creates a hardship that is
unusual or unique to the subject property.
Section V. Time of HearinQ.
The Board shall hold a public hearing within thirty days after receipt of the
notice of appeal. The Board shall make findings of fact and order on the appeal
within thirty days after the public hearing. Action granting the variance shall
be by resolution, must be passed by a majority vote of the Board. Granting of
' any variance may be made subject to reasonable conditions that the Board shall
prescribe.
Section VI. Appeal from Decision.
Decisions of the Board of Appeals on all matters within its jurisdiction are
final subject to appeal to the Council and the right of later judicial review
as provided by 1a.w.
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ORDINANCE N0. 358 (CONTINUED)
Section VII. Time Limit for Re-application.
In all cases where an appeal has been taken, and the relief sought has been
denied by the Board of Appeals, no petition for identical relief sha11 be
presented to or be considered by the zoning administrator, the Planning
Commission, or the City Council until a period of at least six months have
elapsed. . �
Section VITI. Repeal.
That upon effective date of this ordinance Sections 45.38, 45.381, 45.39,
G5.391, 45.392, 45.393, 45.394, 45.40, 45.401,i45,41, 45.42, 45.421, 45,422,
45.423 of the City Code of the City of�-Fridley are hereby repealed and are of
no further force and effect.
PASSED BY THE CITY COUNCIL OF THE CTTY OF FRIDLEY THIS 20TH DAY OF MARCH, 1967.
^ST:
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CITY C RK - Marvin C. runsell
First Reading:
Second Reading
Publish:
March 6, 1967,
March 20; 1967.
March 24, 1967.
V`
YOR - Sack 0. Kirkham
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