1. Development Code - Chapter 1 Board of Adjustment and AppealsEFFECTIVE NOVEMBER 3, 2010 amended through August 15, 2017 (Ordinance 186) Chapter One 0 Administration
SECTION 7.0 APPEALS OF RULINGS OF ZONING ADMINISTRATOR
OR BOARD OF ADJUSTMENT AND APPEALS
7.1 Board Designate The City Council shall serve as the Board of Adjustments and Appeals.
7.2 Applicability An appeal shall only be applicable to an interpretation of legislative intent of
provisions of this Chapter. Opinions and evaluations as they pertain to the impact or result of a
request are not subject to the appeal procedure.
7.3 Filing. An appeal from the ruling of an administrative officer of the City shall be filed by the
property owner or the owner's agent with the Zoning Administrator within 30 days after the making
of the order being appealed.
7.4 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. In such case, the proceedings shall not be stayed other than by a restraining order which
may be granted by a court of record on application, and upon subsequent notice to the City.
7.5 Procedure. The procedure for making such an appeal shall be as follows:
(1) The property owner or the owner's 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 set forth in City Ordinance.
(2) 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.
(3) The Board of Adjustment and Appeals shall make its decision by resolution within 60 days
from the date on which a completed application is filed.
(4) The Zoning Administrator shall serve a copy of the final order of the Board upon the
petitioner by mail.
7.6 Appeals from the Board of Adjustment and Appeals. Any person or persons, any private or public
board, or taxpayer of the City aggrieved by any decision of the Board of Adjustment and Appeals
shall have the right to seek review of the decision with a court of record in the manner provided by
the laws of the State of Minnesota, and particularly Minnesota Statutes, Chapter 462, as such
statutes may be from time to time amended, supplemented or replaced.
City of Scandia Development Code, Chapter 1 42