(A) Any person aggrieved or any taxpayer affected by any decision of the City Manager made in his or her administration of this chapter may appeal to the Board of Adjustment. Such appeals may also be made by any governing body of a city, county, or airport zoning board, which is of the opinion that a decision of the City Manager is an improper application of this chapter as it concerns such governing body or board.
(B) All appeals hereunder must be commenced within 30 days of the City Manager’s decision by filing with the City Manager a notice of appeal specifying the grounds thereof. The City Manager 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 decisions of the City Manager made in his or her administration of this chapter who desires to appeal such decision shall submit an application for a variance by certified mail to the members of the Board of Adjustment in the matter set forth in M.S. § 360.068, subdivision 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 City Manager 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 such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the City Manager 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 make such order, requirement, decision, or determination as may be appropriate under the circumstances and to that end shall have all the powers of the City Manager.
(Ord. 195, passed 6-22-95)