(A) Statutory authority. M.S. § 462.354, as it may be amended from time to time, requires any municipality having in effect a zoning ordinance to provide by ordinance for a board of appeals and adjustments. The statute also states that the governing body may provide, alternatively, that there be a separate board of appeals and adjustments, or that the governing body, the planning commission, or a committee of the planning commission serve as the board of appeals and adjustments, and it may provide an appropriate name for the board. The board may be given other duties as the governing body may direct.
(B) Establishment. The City Council is hereby established as the required board of appeals and adjustments, this board to be herein referred to as the Board of Appeals or the Board. The City Council, acting as the Board of Appeals, shall be vested with that administrative authority as is hereinafter provided or as provided by state law.
(C) Duties. The duties of the Board of Appeals shall be:
(1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by the Zoning Officer;
(2) To hear and decide requests for variances from the literal provisions of this chapter; and
(3) To interpret the meaning of the chapter in cases of ambiguity and to make rulings with respect to the application of the provisions.
(D) Proceedings.
(1) The Board of Appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this chapter.
(2) Meetings shall be held at the call of the Chair and at other times as the Board may determine. The Chair, or in his or her absence, the Acting Chair, may request the attendance of witnesses. All meetings shall be open to the public.
(3) The Board of Appeals 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 be a public record and be immediately filed in the office of the Administrator-Clerk-Treasurer.
(1997 Code, § 25.12) (Ord. passed 11-14-1994)