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Home My WebLink AboutOrdinance - 1-88 - Amending Chapter 2 Re: Board of Appeals - 01/19/1988 ORDINANCE NO. 1-88 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2.11 , SUBD. 3 AND SUBD. 4: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Eden Prairie City Code Section 2.11, Subds. 3 and 4 are hereby amended to read: Subd. 3. Decision by Board of Adjustments and Appeals. Within sixty (60) days after the filing of a request for a variance or an appeal from an administrative order or determination, the Board of Adjustments and Appeals shall set a date for hearing thereon and shall hear such persons as wish to be heard either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten (10) days before the date of hearing to the person or persons who file the appeal or request and in the case of a request for a variance to each owner of property situated wholly or partly within 500 feet of the property to which the variance relates insofar as the names and addresses of such owners can be determined by the City Clerk-Treasurer from records available to the public. Within a reasonable time after a hearing the Board shall make an order deciding the matter and serve a copy of such order upon the appellant or the petitioner by mail. The Board of Adjustments and Appeals shall provide for a record of its proceeding which shall include the minutes of its meetings, its findings and the action taken on each matter heard by it including its final order. No decision of the Board shall be final until the later of the expiration of the 15 day period provided for in Subd. 4 or completion of review by, or appeal to the Council. Subd. 4. Review or Appeal. (1) The Council may elect to review any decision of the Board within 15 days after that decision has been made, or a decision may be appealed by the appellant or petitioner within 15 days by filing with the City Clerk-Treasurer an appeal to the Council from the decision of the Board. (2) The Council shall at its next regular meeting after the filing of an appeal from a decision of the Board of Adjustments and Appeals, set a date for hearing thereon which shall not be later than sixty (60) days after the meeting. Review shall be made upon the petition and all the files, documents and records of the proceedings in the matter. The City Clerk-Treasurer shall make a permanent record of the disposition of all appeals from, or review of, decisions of the Board of Adjustments and Appeals. Section 2. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 19th day of January , 1988, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 2nd day of February , 198$. ATTEST: City CI&T< Mayor � �-�,�✓�-=ill c, l PUZ ISHED in the Eden Prairie News on the 17th day of February , 1988. ORDINANCE NO.1-9 PUBLIC NOTICE AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE SECTION 2.11, SUBD.3 AND SUBD.4: THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS: Section 1. Eden Prairie City Code Section 2.11 Subds. 3 and 4 are hereby amended to read: Subd.3. Decision by the Board of Ad- justment and Appeals.Within sixty(60) days after the filing for a variance or an appeal from an administrative order or determination,the Board of Adjustments and Appeals shall set a date for hearing thereon and shall hear such persons as wish to be heard either in person or by agent or attorney. Notice of such a hearing shall be mailed not less than ten (10)days before the date of the hearing to the person or persons who file the appeal Affidavit o f Publication or request and in the case of a request for variance to each owner of property s Southwest Suburban Publishing Inc. situated wholly or partly within 500 feet of the property to which the variance relates insofar as the names and ad- dresses of such owners can be deter- mined by the City Clerk-Treasurer from the records available to the public. Within a reasonable time after a hearing ` the Board shall make an order deciding State of M in nesota ) the matter and serve a copy of such order upon the appellant or the petitioner by )SS. mail. The Board of Adjustments and County of Hennepin Appeals shall provide for a record of its proceedings which shall include the minutes of its meetings,its findings and the action taken on each matter heard Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the newspaper known as including its final order. No decision of the Eden Prairie News and has full knowledge of the facts herein stated as follows: the Board shall be final until the later of (A)This newspaper have complied with the requirements constituting qualification as a legal newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. the expiration of the 15 day period � provided for Subd. 4 or completion of (B)The printed public notice that is attached to this Affidavit and identified a o. � ,was published on the date review by,or appeal to the Council. or dates and in the newspaper stated in the attached Notice,and said N ce l hereby incorporated as part of this Subd. 4. Review or Appeal. (1) The fidavit.Said notice was cut from the columns of the newspaper speci ed.P rtted below is a copy of the Iower c Council may elect to review any decision alphabet from A to Z,both inclusive,and is hereby acknowledged as bei the and size of type used in the composi of the Board within 15 days after the and publication of the Notice: decision has been made, or a decision abcdefghijklmnopgr to y14 may be appealed by the appellant or petitioner within 15 days by filing with the City Clerk-Treasurer an appeal to the Cam"from the decision of the Board. By (2) The Council shall at its neat regular to olf d,Publ he meeting after the filing of an appeal from a decision by the Board of Adjustments Subscribed and sworn before me on and Appeals, set a date for a hearing thereon which shall be later than sixty (60)days after the meeting.Review shall J be made upon the petition and all the this ( � day of °193_ files, documents and records of the proceedings in the matter. The City Clerk Treasurer shall make a permanent z BEC.1VS00Tr record of the disposition of all appeals , y NOTAr,YrLZU3.M1&=TA from,or review of,decisions of the Board = ! 1 SCOT i CCUWy of Adjustments and Appeals. ` �� 1n►c0::;,2ZZiEXF1rMrr2-s3 Section 2. This Ordinance shall •a � become effective from and after its passage and publication. FIRST READ at a regular meeting of RATE INFORMATION the City Council of the City of Eden Prairie on the 19th day of January,1988, Lowest classified rate paid by commercial users for comparable space....$7.00 per column inch and finally read and adopted and ordered Maximum rate allowed b I published at a regular meeting of the by for the above matter......................................$7.00 per column inch Council of said City on the 2nd day of Rate actually charged for the above matter...................................................$4.94 per column inch February,1988. ATTEST: Gary D.Peterson, Mayor John D.Frane City Clerk (Published in the Eden Prairie News Wednesday,February 17,1988;No.4966)