Duluth UDC § 1207.03

1. Upon receiving a notice of an administrative appeal, the Planning and Development Director shall assemble such memos, papers, plans, or other documents from the appellant as may constitute the record for the appeal or as may provide an understanding of the issues involved. 2. The Planning and Development Director is authorized to resolve the administrative appeal to the satisfaction of all parties involved, if possible, and may seek the advice of the City Attorney. 3. The Planning and Development Director shall transmit any unresolved administrative appeal request and all related documentation to the City Clerk such that the administrative appeal request can be considered by the City Council within 30 days of the filing of the appeal with the Planning and Development Director. 4. The City Council shall consider the appeal at its next regularly scheduled meeting that occurs at least 7 days after receipt of the Planning and Development Director’s appeal documentation by the City Clerk, and may at its discretion hear from the appellant, the administrative official from whom the appeal is taken, or the Planning and Development Director. 5. City Council authority. The City Council is authorized to: a. Decide appeals from any order, determination, decision or other interpretation by any administrative official acting under authority of this Development Code, where a misinterpretation or misapplication of the requirements or other provisions of this Development Code is alleged; b. Interpret the use of words or phrases within the context of the intent of this Development Code; c. Determine the boundaries of the various zoning districts where uncertainty exists; and, d. Interpret such other provisions of this Development Code as may require clarification or extension in specific or general cases. 6. Decisions of the City Council. 371 | P a g e Article Twelve. Appeals a. In exercising its powers on administrative appeals, the City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination and to that end shall have all the powers of the administrative official from whom the appeal is taken. 7. Decision final. The decision of the City Council shall be final and may be appealed only to a court of competent jurisdiction. Such appeal must be taken within 15 days of the adoption of the minutes of the City Council meeting at which the decision was made.