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    1.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 01/03/2019  
Subject:    Case 19-01V Appeal Decision of Hearing Examiner
From: Trevor White

INTRODUCTION
The matter before you in Case 19-01V is an appeal filed by June Evens, 916 120th Ave, of the Hearing Examiner's decision in the appeal of City of Coon Rapids administrative citation 72812-33265, issued by staff on September 6, 2018.  This appeal before the Board is being conducted in accordance with City Code Chapter 2-1100, Administrative Procedures and Penalties.  For your reference, Chapter 2-1100 can be found in the attached materials.
BACKGROUND & CONSIDERATIONS
The procedure is different from previous appeals of staff determinations heard by the Board in which your decisions were appealable to the City Council.  Decisions of the Board under the procedures set forth in Chapter 2-1100 are appealable to the Minnesota Court of Appeals under the Minnesota Rules of Civil Procedure.  A suggested procedure for conducting this hearing is included in this packet, along with materials from Assistant City Attorney Sami Corlew, including the City's proposed Findings of Fact, and Conclusions of Law and Order.  This procedure document is entitled Suggested Procedure for Conducting Evens Hearing.

The Board should adopt a procedure for conducting the hearing.  Staff recommends the Board adopt the procedure set forth in the attached document, which was used in a similar hearing.

Next you will find, in order, the following documents to assist you in your deliberations:
 
  • City of Coon Rapids Board of Adjustment and Appeals Findings of Fact, Conclusions of Law and Order
  • Respondent's Notice of Witness Qualifications
  • Respondent's Exhibits
ACTION REQUESTED
The Board of Adjustment and Appeals is requested to adopt a procedure for the conduct of the hearing as set forth in the document Suggested Procedure for Conducting Evens Hearing and, further, conduct the appeal hearing in Case 19-01V, In re Appeal of June Evens.

Attachments
Suggested Procedure for Conducting Evens Hearing
City of Coon Rapids Board of Adjustment and Appeals Findings of Fact, Conclusions of Law, and Order
Respondent’s Notice of Witness Qualifications
December 21, 2018 Letter to June Evens
City Code Chapter 2-1100 Administrative Procedures and Penalties
Exhibit 1
Exhibit 2
Exhibit 3a
Exhibit 3b
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13

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