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    13.    
Board of Adjustment and Appeals - Regular Session
Meeting Date: 12/06/2018  
Subject:    Appeal Decision of Hearing Examiner Case 18-28V
From: Trevor White

INTRODUCTION
The matter before you in Case 18-28V is an appeal filed by Jon Anderson, 10041 Redwood St NW, of the hearing examiner's decision in the appeal of City of Coon Rapids administrative citations 72826-33277, issued by staff on September 10, 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 Anderson 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 Anderson Hearing and, further, conduct the appeal hearing in Case 18-28V, In re Appeal of Jon Anderson.

Attachments
Suggested Procedure for Conducting Anderson Hearing
November 28, 2018 Letter to Jon Anderson
Respondent’s Notice of Witness Qualifications
City of Coon Rapids Board of Adjustment and Appeals Findings of Fact, Conclusions of Law, and Order
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12

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