(A) Order adopted. The Board of Adjustment shall make its decision by the adoption of an order either approving or denying the variance or appeal. The Board of Adjustment shall adopt findings of fact supporting its order. The Board of Adjustment shall make its decision in compliance with M.S. § 15.99.
(B) Conditions. The Board of Adjustment may impose conditions on the granting of any variance. Conditions are to be directly related to the variance, bear a rough proportionality to the impact created by the variance, and shall be what the Board of Adjustment considers reasonable and necessary to protect the public health, safety and welfare.
(D) Final notice to applicant. The Department shall send written notice of the Board of Adjustment’s action to the applicant.
(E) File with Commissioner of Natural Resources. A copy of any order issued by the Board of Adjustment for property within the Floodplain or Shoreland District shall be filed with the Commissioner of Natural Resources within ten days of issuance. When a variance is approved after the Department of Natural Resources has formally recommended denial in the hearing record, the notification of the approved variance shall include the Board of Adjustment’s summary of the public record/testimony and the findings of facts and conclusions which supported the issuance of the variance.
(F) Board decision final. All decisions by the Board of Adjustment in granting variances or in hearing appeals from any administrative order, requirement, decision or determination shall be final.
(G) Appeal to District Court. Any aggrieved person or persons, or any department, board or commission of the jurisdiction, or of the state shall have the right to appeal the decision to the Carver County District Court on questions of law and fact. The appeal shall be made within 30 days after receipt by the applicant of notice of the decision.
(Ord. 47, passed 7-23-02; Am. Ord. 70-2010, passed 1-25-11; Am. Ord. 88-2018, passed 11-20-18; Am. Ord. 97-2021, passed 7-20-21)