§ 20-29. Board of appeals and adjustments variance and appeal procedures.

(a)

Form; fee. Appeals and applications for variances shall be filed with the community development director on prescribed forms. A fee, as established by the city council, shall be paid upon the filing of an application. The board of appeals and adjustments may waive the application fee in unusual circumstances.

(b)

Hearing. Upon the filing of an appeal or application for variance, the community development director shall set a time and place for a hearing before the board of appeals and adjustments on such appeal or application, which hearing shall be held within 45 days after the filing of said appeal or application. At the hearing the board shall hear such persons as wish to be heard, either in person or by attorney or agent. Notice of such hearing shall be mailed not less than ten days before the date of hearing to the person who filed the appeal or application for variance, and in the case of an application for variance, to each owner of property situated wholly or partially within 500 feet of the property to which the variance application relates. The names and addresses of such owners shall be determined by the community development director from records provided by the applicant.

(c)

Decisions of the board. The board shall be empowered to decide appeals and grant variances, other than variances in conjunction with platting, site plan review, conditional use permits and interim use permits, when the decision of the board is by an affirmative vote of three-fourths of the members present. A vote of less than three-fourths of the members present or any vote on a variance in conjunction with platting, site plan review, conditional use permits and interim use permits shall serve only as a recommendation to the city council, who shall then make the final determination on the appeal or variance request within 30 days after receipt of the board's action. If the board recommends approval, it may also recommend appropriate conditions. The board shall act upon all appeals and variance requests within 15 days after the date of the close of the required hearing.

(d)

Appeal from decisions of the board. A city council member, the applicant, or any aggrieved person may appeal such decision to the city council by filing an appeal with the community development director within four days after the date of the board's decision.

(e)

Council action. By majority vote, the city council may reverse, affirm or modify, wholly or partly, the decision appealed from the board, and to that end the city council shall have all the powers of the board, or the city council may approve or deny the variance request. The council shall decide all appeals within 30 days after the date of the required hearing thereon. In granting any variance, the city council may attach conditions to ensure compliance with this chapter and to protect adjacent property.

(f)

Action without decision. If no decision is transmitted by the board to the city council within 60 days from the date an appeal or variance request is filed with the community development director, the council may take action on the request, in accordance with the procedures governing the board, without further awaiting the board's decision or recommendation.

(Ord. No. 80, Art. III, § 1(3-1-4(1)—(5), (7)), 12-15-86; Ord. No. 131, § 2, 7-9-90; Ord. No. 143, § 1, 3-11-91; Ord. No. 292, § 2, 4-26-99; Ord. No. 377, § 5, 5-24-04)

State law reference

Appeals and adjustments, M.S. § 462.357, subd. 6.