Subd. 1. Establishment. The City Council shall serve as the Board of Adjustments and Appeals.
1. The Board of Adjustment shall adopt rules for the transaction of its business and keep a public record of its transactions, findings, and determinations.
2. The meetings of the Board of Adjustment shall be held at the call of the chairperson and at such other times as the Board, in its rules of procedure, may specify.
3. The Board of Adjustment shall have power to grant a variance to any of the provisions of this chapter to the extent of the following and no further:
a. To vary or modify the strict application of any of the regulations or provision contained in this chapter in cases in which there are practical difficulties or unnecessary hardships in the way of such strict applications; no variance or modification of the use permitted within a district shall be allowed, except as otherwise provided in this chapter;
b. To interpret zoning district boundaries on official zoning maps; and
c. To permit the extension of a zoning district where the boundary line thereof divides a lot in one ownership at the time of the passage of this chapter, but the extension of any district shall not exceed 100 feet.
4. The Board of Adjustment shall act upon all questions as they may arise in the administration of any ordinance or official control, and it shall hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official charged with enforcing any ordinance adopted pursuant to the provisions contained in this chapter.
Subd. 2. Applicability. An appeal shall only be applicable to an interpretation of legislative intent of provisions of this chapter. Opinions and evaluations as they pertain to the impact or result of a request are not subject to the appeal procedure.
Subd. 3. Filing. An appeal from the action of an administrative officer of the city shall be filed by the property owner or their agent with the Zoning Administrator within ten days after the making of the order, requirement, or interpretation being appealed.
Subd. 4. Stay of Proceedings. An appeal stays all proceedings and the furtherance of the action being appealed unless it is certified to the Board of Adjustment and Appeals, after the notice of appeal is filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record on application, and upon subsequent notice to the city.
Subd. 5. Procedure. The procedure for making an appeal shall be as follows.
1. The property owner or their agent shall file with the Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made. Said application shall be accompanied by a fee as established by City Council resolution. In cases where the application is judged to be incomplete, the Zoning Administrator shall notify the applicant, in writing, within 15 business days of the date of submittal.
2. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate and shall provide general assistance in preparing a recommendation on the action to the Board of Adjustment and Appeals.
3. Pursuant to M.S. § 15.99, as it may be amended from time to time, the Board of Adjustment and Appeals shall make its decision by resolution within 60 days from the date on which a completed application is filed, unless an extension has been provided pursuant to M.S. § 15.99, as it may be amended from time to time.
4. The Zoning Administrator shall serve a copy of the final order of the Board upon the applicant by mail.
Subd. 6. Appeals from the Board of Adjustments and Appeals. Any person or persons, any private or public board, or taxpayer of the city aggrieved by any decision of the Board of Adjustment and Appeals shall have the right to seek review of the decision with a court of record in the manner provided by the laws of the state and particularly M.S. Chapter 462, as such statutes may be from time to time amended, supplemented, or replaced.