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Memorializing denial of an appeal by Tom Dimond from to a decision of the Board of Zoning Appeals which denied an administrative appeal alleging Zoning Administrator error in denying a “stop work order” request regarding the island building work in Pigs Eye Lake.
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WHEREAS, on July 8, 2022, Tim Dimond (hereinafter “Appellant”), filed an administrative appeal with the Board of Zoning Appeals ( hereinafter, “BZA”) under BZA File No. 22-072764, from a decision made by the Zoning Administrator who had previously denied Appellant’s request to issue a “stop work order” for work taking place within the basin of Pig’s Eye Lake based upon a determination that the City lacked authority to issue the “stop work order” because the project was taking place within a public water under the jurisdiction of the Minnesota Department of Natural Resources (hereinafter, “DNR”) pursuant to a permit issued by the DNR; and
WHEREAS, on July 18, 2022, City staff notified the DNR by email of the said appeal application and set a hearing date on the appeal before the BZA on August 8, 2022; and
WHEREAS, on July 28, 2022, City staff notified property owners within 350 feet of Pigs Eye Lake of the August 8, 2022, public hearing on Appellant’s appeal; and
WHEREAS, on August 8, 2022, the BZA, pursuant to Leg. Code Sec. 61.701, duly conducted a public hearing at which all person interested were afforded an opportunity to be heard and to submit written statements which were also provided to the BZA as a part of the Appeal record and, after concluding its receipt of statements, the BZA moved to lay over making a decision on the matter and to continue the public hearing to August 22, 2022, for the purpose of obtaining additional information from the DNR; and
WHEREAS, in a letter dated August 17, 2022, the DNR responded to the questions raised by the BZA on August 8, 2022, and detailed and reiterated the DNR’s position regarding its jurisdiction over Pigs Eye Lake and further reite...
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