Subd. 1. Establishment and reference. A Board of Adjustment and Appeals is hereby established as specified herein below.
Subd. 2. Composition. The Council of the city is hereby constituted and established as the Board of Adjustment and Appeals. The City Administrator and the City Engineer shall be ex officio members without the right to vote.
Subd. 3. Powers and duties.
A. The Board shall have the power and duties of hearing and deciding appeals or requests on the following cases:
1. Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of the zoning chapters of the City Code;
2. Requests for variances from the literal provisions of the zoning chapters of the City Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration; and
3. Appeals from any action of the Building Inspector in denying or granting a building permit.
B. In granting a variance, the Board may impose conditions to insure compliance and to protect adjacent properties. The Board may not permit as a variance, any use that is not permitted under the zoning chapters of the City Code for the property in the zone where the affected person’s land is located.
(Ord. 1286, passed 11-11-75)
C. Appeals from the decision of the Planning Commission in granting a conditional use will be heard provided a written statement requesting appeal to the Board of Adjustment and Appeals is filed with the office of the City Recorder not later than 15 days after the Planning Commission approves or disapproves the conditional use. Any member of the Council may request review of the Planning Commission decision by so requesting at any of the next two Council meetings following the Planning Commission’s report to the Council of its decision.
(Ord. 1305, passed 3-28-77)
Subd. 4. Hearings for appeal. After filing of a request for a variance or an appeal from an administrative order or determination, the Board of Adjustment and Appeals shall refer the matter to the Planning Commission for review and a report thereon and shall set a date for hearing thereon and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notices of any hearing shall be mailed not less than ten days before the date of hearing to the person or persons who file the appeal or request, and in case of a request from a variance to each owner of property, as required by state law, to which the variance relates insofar as the names and addresses of the owners can be determined by the City Recorder from records available. Within a responsible time after the hearing, the Board shall make its order deciding the matter and serving a copy of the order upon the appellant or petitioner by mail.
Subd. 5. Form of action taken and record thereof. The Board of Adjustment and Appeals 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 its final order. The City Recorder shall maintain a permanent record of the disposition of all appeals to it from decisions of the Board of Adjustment and Appeals.
Subd. 6. Appeal from decisions of the Board. Any person or persons jointly or severally aggrieved by any decision of the Board of Adjustment and Appeals may appeal to the District Court of the county by filing a petition setting forth that such a decision is illegal in whole or in part, specifying the grounds of the illegality and by filing a copy of the notice of appeal with the City Recorder which original petition, showing proof of filing with the City Recorder, must be filed within 30 days after filing, with or of the decision appealed from in the office of the City Recorder. The case shall be heard and determined by Court without a jury.
Subd. 7. Additional powers. The Board of Adjustment and Appeals shall have such other additional powers as are given to Boards of Adjustment and Appeals by state law.
Subd. 8. Filing with Board of Adjustment and Appeals. No appeal shall be heard by the Board of Adjustment and Appeals until the appellant files, with the City Recorder, a written document specifying the action of the administrative officer or other action appealed from and shall specify the grounds for the appeal.
(Ord. 1286, passed 11-11-75) (`80 Code, § 2.54)