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(A) Establishment. The Board of Adjustment shall consist of five members appointed by the city and McLeod County. Each member shall be at least a two-year resident of the four governmental areas pertaining to and affected by this chapter and each shall serve for a term of three years and until his or her successor is duly appointed and qualified. Upon their appointments, the members shall be removable by the city and McLeod County for cause, upon written charges, after a public hearing.
(B) Powers. The Board of Adjustment shall have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or determination made by the Airport Compliance Zoning Administrator in the enforcement of this chapter;
(2) To hear and decide special exceptions to the terms of this chapter upon which the Board of Adjustment under these regulations may be required to pass; and
(3) To hear and decide specific variances.
(C) Procedures.
(1) The Board of Adjustment shall adopt rules for its governance and procedures in harmony with the provisions of this chapter. Meetings of the Board of Adjustment shall be held at the call of the Chair and at other times as the Board of Adjustment may determine. The Chair, or in his or her absence the Acting Chair, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Airport Zoning Compliance Administrator and shall be a public record.
(2) The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from those facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this chapter.
(3) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Airport Zoning Compliance Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation from this chapter.
(2004 Code, § 151.61) (Ord. passed 1-12-1984; Ord. 20-819, passed 8-18-2020)
(A) Any person aggrieved or any taxpayer affected by any decision of the Zoning Administrator made in the administration of this chapter may appeal to the Board of Adjustment. These appeals may also be made by the Hutchinson City Council and the McLeod County Board, which is of the opinion that a decision of the Airport Zoning Compliance Administrator is an improper application of this chapter as it concerns that governing body or board.
(B) All appeals hereunder must be commenced within 30 days of the Airport Zoning Compliance Administrator’s decision, by filing with the Airport Zoning Compliance Administrator a notice of appeal specifying the grounds thereof. The Airport Zoning Compliance Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. In addition, any person aggrieved or any taxpayer affected by any decision of the Airport Zoning Compliance Administrator made in the administration of this chapter who desires to appeal that decision shall submit an application for a variance by certified mail to the members of the Board of Adjustment in the manner set forth in M.S. § 360.067(2), as it may be amended from time to time.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Airport Zoning Compliance Administrator certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed, except by order of the Board of Adjustment on notice to the Airport Zoning Compliance Administrator and on due cause shown.
(D) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(E) The Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make an order, requirement, decision or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of the Airport Zoning Compliance Administrator.
(2004 Code, § 151.62) (Ord. passed 1-12-1984; Ord. 20-819, passed 8-18-2020)
Any person aggrieved or any taxpayer affected by any decision of the Board of Adjustment, or of any action of the Commissioner taken under M.S. § 360.063, Subdivisions 6 or 6a, or any governing body of a municipality or county, which believes that a decision of Board of Adjustment or the commissioner is illegal may appeal in accordance with M.S. Ch. 14.
(2004 Code, § 151.63) (Ord. passed 1-12-1984; Ord. 20-819, passed 8-18-2020)
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