§ 2-32. Zoning board of appeals.

(a)

Creation and membership. A zoning board of appeals consisting of five members of which at least one member shall be a concurrent member of the planning commission (selected by majority vote of the planning commission) shall be appointed by the mayor, with the consent of the council to serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years and one for five years; the successor to each member so appointed to serve for a term of five years. The zoning board shall appoint a chair from among the members of the zoning board of appeals. The chair, or in his absence, the acting chair, may direct testimony and compel the attendance of witnesses. The council shall have the power to remove any member of said board for cause and after a public hearing. Vacancies upon the zoning board of appeals shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member.

(b)

Meetings. All meetings of the zoning board of appeals shall be held at the call of the chair or at the request of the majority of the members of said board and shall be open to the public. The zoning board of appeals shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. All testimony at any hearing of the zoning board of appeals shall be administered by the chair or in his absence, the acting chair. The zoning board of appeals shall adopt its own rules of procedure not inconsistent with the statutes of the State of Minnesota or with the zoning provisions of the City Code. Written notice must be mailed at least ten days before a hearing on a variance to each owner of property situated wholly or partly within 200 feet of the affected property requesting the variance.

(c)

Findings and conclusions. Every decision of the zoning board of appeals shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for any proposed variance, which such plans and specifications shall remain a part of the permanent records of the zoning board of appeals. The findings of fact shall specify the reason or reasons for the zoning board of appeals' decision, which shall be final subject to appeal recourse to the council which may affirm, modify or reverse any finding, and to judicial review in cases where the decision of the board and the council are contested by the applicant. The terms of any relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the zoning board of appeals shall be filed immediately with the council and shall be a public record.

(d)

Quorum. No hearings shall be conducted by the zoning board of appeals without a quorum consisting of the majority of all members, being present. The concurring vote of three members shall be necessary to any appeal action decided by the zoning board of appeals, and a concurring vote of four members for any action approving a variance to the provisions of the zoning chapter.

(Code of 1979; Ord. No. 17, 2nd series, eff. 11-28-81)