[HISTORY: Adopted by the Town Board of the Town of Eureka 6-7-2005 (Ordinance 2, Ch. 2, of the 2005 Code). Amendments noted where applicable.]
[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.