§ 24-22. Appeals and board of zoning appeals.

(a)

A board of appeals and adjustments is established. It shall consist of the city council and is vested with such administrative authority as provided in this chapter.

(b)

The board of appeals and adjustments shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by the zoning administrator. Such appeal may be taken by any person aggrieved or by any officer, department, board or bureau of the city. The board of appeals and adjustments shall also have the power to grant variances to the provisions of this chapter under certain conditions indicated in article II, division 6. No use variances (a use different than that allowed in the zoning district) shall be issued by the board of appeals and adjustments.

(c)

Meetings by the board of zoning appeals shall be held within such time and upon such notice to interested parties as is provided in this ordinance and its adopted rules for the transaction of its business. Any party may appear at the meeting in person or by agent or attorney. The board shall make no decision on an appeal or petition until the planning commission or a representative authorized by it has had reasonable opportunity to review and report to the board of appeals and adjustment and upon the appeal or petition. The board shall within a reasonable time make its order deciding the matter in accordance with state statutory deadlines and shall serve a copy of such order upon the appellant or petitioner by mail. The board shall, after receiving a request for a variance, either refer the proposed variance to the planning and zoning commission for review or make its order deciding the matter in accordance with state statutory deadlines and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the meeting in person or by agent or attorney.

(d)

The board of zoning appeals and adjustments may reverse or affirm wholly or partly, or may modify the order, requirement, decision, or determination as the board decides in its opinion ought to be made and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. A vote of the majority of the board of zoning appeals shall be necessary to reverse any decision of an administrative official of the city or to decide in favor of the applicant. The board 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 by it, including the final order.

(Mins. of 6-27-2001; Ord. No. 1854, § 1854.01, 6-27-2012)

State law reference

Zoning board of adjustments and appeals, M.S. § 462.354, subd. 2; appeals, M.S. § 462.354, subd. 6.