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• ORDINANCE 96 - CITY OF ELK RIVER AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 900.40 O THE CITY CODE OF ORDINANCES (BOARD OF ADJUSTMENTS) TO PROVIDE THAT THE CITY PLANNING COMMISSION SHALL SERVE AS THE CITY BOARD OF ADJUSTMENTS AND TO PROVIDE FOR APPEAL FROM DECISIONS OF THE BOARD OF ADJUSTMENTS TO THE CITY COUNCIL CASE Np. OA 96-17 The City Council of the City of Elk River does hereby ordain as follows: Section 1. Section 900.40(1) of the City of Elk River Code of Ordinances shall be amended to read as follows: 1. Membership. The members of the Elk River Planning Commission shall serve as the Board of Adjustments (the Board) required pursuant to Minnesota Statutes 462.354, Subd. 2. Members shall serve until the expiration of their term as Planning Commission members. Board Members shall serve without compensation but may be paid for necessary expenses. • Section 2. That Section 900.40(2) of the City of Elk River Code of Ordinances shall be amended to read as follows: 2. Board Procedure. The Board may adopt rules of procedure for the transaction of its business consistent with the provisions of this Ordinance and Minnesota Statutes 462.351 through 462.364. Four members of the Board shall constitute a quorum. Regular meetings of the Board shall be held on the fourth Tuesday of each month or at such other tines as are specified in its rules. Special meetings shall be held at the call of the Clair who shall be the Chair of the Planning Commission. Notice of special meetings shall be posted at the City Hall and transmitted to members at least three (3) days prior to the date of the meeting. There shall be a fixed place of meeting and all meetings shall be open to the public. A record shall be kept of the Board's transactions, findings and determinations. Section 3. That Section 900.40 (6) of the City of Elk River Code of Ordinances shall be amended by repealing existing subsections (B) and (C) and adopting new subsections (B), (C) and (D), which shall read as follows: B. Decision - Within a reasonable time after the hearing, the Board shall make a decision on the matter which shall be transmitted to the appellant or petitioner by mail. The Board shall act to approve, deny or approve with conditions the appeal,or request for a variance. Decisions of • the Board shall be final unless appealed to the City Council, and shall be effective on the eleventh day following the decision by the Board unless an appeal to the City Council is filed. s:\document\ordinance\oa96-17.doc