§ 113-30. Appeals; board of adjustment.

(a)

A board of adjustment is established for the city consisting of the members of the planning commission.

(b)

The board of adjustment shall adopt rules for the transaction of its business and shall keep a public record of its proceedings, including minutes of its meetings and its findings and determinations.

(c)

The board of adjustment shall hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the zoning administrator. Such appeal may be taken by any person aggrieved by any such order or decision.

(d)

The aggrieved applicant shall file his appeal, in writing, with the zoning administrator, describing the order or decision appealed, and the reasons he believes that order or decision to be in error. The written appeal shall be filed with the zoning administrator within 30 days of the appellant's receipt of the order or decision he wishes to appeal.

(e)

The zoning administrator shall transmit the written appeal to the board of adjustment. The board shall set the date for a public hearing on the appeal and shall have a notice of such hearing provided to the appellant by mail at least ten days prior to the hearing.

(f)

Any person may appear at the hearing, either in person or by agent or attorney. The board of adjustment shall make a decision within 30 days of the public hearing and shall serve a copy of its order deciding the matter upon the appellant by mail.

(g)

The board of adjustment may reverse or affirm, in whole or in part, or modify the zoning administrator's order, requirement, decision, or determination. The board of adjustment's decision shall be final, subject to appeal to the city council. The reasons for the board of adjustment's decision shall be stated in writing.

(h)

Any person aggrieved by the decision of the board of adjustment, including the zoning administrator, may appeal that decision to the city council for final determination. Any such appeal shall be filed in writing with the city council within 30 days of the action of the board of adjustment. Any further appeals may then be directed to a court of competent jurisdiction; any such appeal must be filed within 30 days of the city council's final action.

(i)

The board of adjustment shall also have the power to grant variances to the provisions of this chapter under certain conditions. The conditions for the issuance of a variance are as indicated in sections 113-130 through 113-135. No use variances, uses different than those allowed in the district, shall be issued by the board of adjustment.

(Code 1999, § 16.6.4)

State law reference

Appeals, Minn. Stat. § 462.357, subd. 6.