§ 152.153. BOARD OF APPEALS AND ADJUSTMENTS; VARIANCES.

(A) Board of Appeals and Adjustments (Board). Pursuant to the authority of M.S. § 462.354, subd. 2, the City Council of the City of Mayer shall act as the Board of Appeals and Adjustments for the city and shall have the powers granted under M.S. §§ 462.357, subd. 6, and 462.359, subd. 4, as they may be amended from time to time.

(B) Appeals.

(1) Appeals may be taken to the Board of Appeals and Adjustments by any person who alleges there is an error in any order, requirement, decision or determination made by an administrative official or department in the enforcement of the zoning ordinance. Such appeal shall be taken within 60 days of the alleged order or decision by filing with the zoning officer, City Administrator or City Clerk a notice of appeal and specifying the grounds thereof. The administrative officer shall transmit to the Board all papers and information constituting the record upon which the action appealed from was taken.

(2) Hearings. Public hearings shall be held by the Board on all appeals taken to it. The Board shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. All time requirements mandated by state law shall be followed. At the hearing any party may appear in person, by agent or attorney.

(a) The property owner or his or her agent shall meet with the zoning officer to explain his or her situation, learn the procedures and obtain an application form.

(b) The applicant shall file the completed application form, together with the required exhibits, and any other information required by the zoning officer or the Board of Appeals and Adjustments, with the zoning officer and shall pay the required filing fee. The application shall include a list obtained from the county of all property owners located within 350 feet of the boundary of the subject property. An application will not be considered until fully completed.

(c) The zoning officer shall transmit the application and one copy of the exhibits to the Board and to the Planning Commission.

(d) The Planning Commission shall consider the application for variance and make recommendations to the Board of Appeals and Adjustments.

(e) Upon receipt of the recommendation of the Planning Commission, the Board shall hold a public hearing on the application in the manner set forth in division (B)(2) of this section.

(f) A violation of any condition set forth in granting a variance shall be a violation of this section and automatically terminates the variance.

(C) Expiration. Unless the Board of Appeals and Adjustments specifically approves a different time when action is officially taken on the request, approvals which have been issued under the provisions of this section shall expire without further action by the Planning Commission or the Board, unless the applicant commences the authorized use or improvement within one year of the date the variance is issued or unless before the expiration of the one year period, the applicant shall apply for an extension thereof by completing and submitting a request for extension, including the renewal fee as established by City Council resolution. The request for extension shall state facts showing a good faith attempt to complete or utilize the approval permitted in the variance. Said extension shall be presented to the Planning Commission for a recommendation and to the Board for a decision.

(Ord. 102, passed 7-9-01; Am. Ord. 102-G, passed 7-12-04; Am. Ord. 102-V, passed 6-11-07; Am. Ord. 173, passed 10-24-11; Am. Ord. 205, passed 11-9-15)