[Amended 8-15-2011 by Ord. No. 2011-04; 11-9-2022 by Ord. No. 2022-05]
The Town Board shall, pursuant to M.S.A. § 462.354,
Subdivision 2, act as the Board of Adjustments and Appeals and shall
have the power to hear and decide requests in the following cases:
A. Appeals. Decide appeals, where it is alleged that there is an error in a decision or judgment made by an administrative officer in the enforcement of Chapter
240, Zoning.
B. Interpretation. Interpret the boundary lines between zoning districts when such questions arise and interpret the provisions of Chapter
240, Zoning, in such a way as to carry out the intent and purpose of Chapter
240, Zoning.
C. Variances. Grant variances or relief from the literal zoning ordinance requirements in accordance with the provisions of Chapter
240, Zoning, §
240-33.
[Amended 8-13-2007 by Res. No. 59]
A. The
members of the Board of Adjustments and Appeals shall serve without
compensation, but may be paid their necessary expenses in attending
meetings of the Board of Adjustments and Appeals and in the conduct
of the business of the Board of Adjustments and Appeals. The Board
of Adjustments and Appeals shall elect a Chair and Vice Chair from
among its members, and shall appoint a secretary, who need not be
a member of the Board of Adjustments and Appeals. It shall adopt rules
for the transaction of its business, and such rules may include provisions
for the giving of oaths to witnesses and the filing of written briefs
by the parties. The Board of Adjustments and Appeals shall provide
a public record of its proceedings that shall include the minutes
of its meetings, its findings, and the action taken on each matter
heard by it, including the final order. The meetings of the Board
of Adjustments and Appeals shall be held at the call of the Chair
and at such other times as the Board of Adjustments and Appeals in
its rules of procedure may specify.
B. Meetings
of the Board of Adjustments and Appeals shall be held within such
time and upon such notice to interested parties as is provided in
its adopted rules for the transaction of its business. The Board of
Adjustments and Appeals shall, within a reasonable time, make its
order deciding the matter, and shall serve a copy of such order upon
the appellant or petitioner by mail. Any party may appear at the hearing
in person or by agent or attorney.
C. The
Board of Adjustments and Appeals may reverse or affirm wholly or partly
or may modify the order, requirement, decision or determination made
by the Town Board or the Planning Commission and shall have all the
powers of the officer from whom the appeal was taken and may issue
or direct the issuance of a permit. The reasons for the Board of Adjustments
and Appeals' decision shall be stated in writing. The decision of
the Board of Adjustments and Appeals shall be final.
[Amended 8-13-2007 by Res. No. 59]
A. In
the event a permit for a building is denied, the Board of Adjustments
and Appeals, upon an appeal filed by the owner of the land, shall
have the power to grant a permit for a building in such location in
any case in which the Board of Adjustments and Appeals finds, upon
the evidence and arguments presented to it, that:
(1) Due to
that part of the property being set aside for public purposes, the
entire property cannot yield a reasonable return to the owner unless
such a permit is granted.
[Amended 11-9-2022 by Ord. No. 2022-05]
(2) Balancing
the interest of the Township and preserving the integrity of the Official
Map and of the Comprehensive Plan and the interest of the owner of
the property in the use of his property and in the benefits of the
ownership, the grant of such permit is required by considerations
of justice and equity.
B. The
Board of Adjustments and Appeals shall specify the exact location,
ground area, height and other details as to the extent and character
of the building for which the permit is granted.