(A) Establishment. There is hereby created a Zoning Board of Adjustments and Appeals, which shall be composed of members of the Planning Commission. Three members of the Board constitute a quorum, and all action by the Board requires the affirmative vote of the quorum. The Board shall serve without compensation. The Board shall elect one of its members as Chairperson and appoint a Secretary who may, but need not be, one of its members. Staff services for the Board shall be furnished by the Council.
(B) Rules. The Board of Adjustments shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law.
(C) Administrative review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of administration of this chapter.
(D) Variances. The Board may authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the provisions of this chapter will result in unnecessary hardship so that the spirit of this chapter shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection that the regulatory flood protection elevation for the particular area, or permit standards lower that those required by state law.
(E) Hearings. Upon filing with the Board a request for variance or an appeal from an administrative order or determination, the Board shall set a date for hearing thereon, which be not later than 60 days from the date of filing, and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of any such hearing shall be mailed not less than ten days before the date of hearing to each person who filed the appeal or request and, in the case of a request for a variance, to each owner of property situated wholly or partly within 350 feet of the property to which the variance related insofar as the name and addresses of such owners can be determined by the Clerk from records available to the public. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variance sufficiently in advance so that the Commissioner will receive at least ten days’ notice of the hearing for all variance granted in Floodplain District (F-1), Part VIII of this chapter.
(F) Decisions. The Board shall arrive at a decision on such appeal on variance with ten days. In passing upon an appeal the Board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination appealed from. It shall make its decision in writing setting forth the finding of fact and the reasons for the decisions for all variances granted in Floodplain District (F-1), Part VIII of this chapter.
(G) Appeal to the City Council and District Court. Appeals from any decision of the Board may be taken by any person or persons, jointly or severally, aggrieved by any decision of the Board, or any taxpayer, officer, department, board or bureau of the municipality, to the City Council. The decision of the City Council may be appealed to the district court of this jurisdiction as provided in M.S. § 462.361, as it may be amended from time to time.