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- CODE OF ORDINANCES Chapter 2 - ADMINISTRATION ARTICLE V. - BOARDS AND COMMISSIONS DIVISION 7. BOARD OF ADJUSTMENTS Elk River, Minnesota, Code of Ordinances Created: 2023-10-18 09:21:21 [EST] (Supp. No. 59) Page 10 of 12 DIVISION 7. BOARD OF ADJUSTMENTS5 Sec. 2-326. Membership. Members of the planning commission shall serve as the board of adjustments as required pursuant to Minn. Stats. § 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. Each member of the commission shall be a resident of the city. Sec. 2-327. Rules of procedure. The board of adjustments may adopt rules of procedure for the transaction of its business consistent with the provisions of division 2 of article VI of chapter 30 and Minn. Stats. §§ 462.351—462.364. Four members of the board shall constitute a quorum. Regular meetings of the board shall be held on the second Tuesday of each month or at such other times as are specified in its rules. Special meetings shall be held at the call of the chair, 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 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. Sec. 2-327. Purpose. The board of adjustment hears matters of zoning variances, zoning appeals, and the establishment of legal nonconforming rights. Sec. 2-328. Powers and Duties The board of adjustment shall have the following powers and duties: 1)Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decisiondecision, or determination made by staff in the enforcement of this chapter. 2) Variances. To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal interpretation and enforcement of the provisions of this chapter would result in unnecessary hardship as provided in Chapter 30, Article VI. Sec. 2-329. Meetings. The board of adjustments shall adopt bylaws for the transaction of its business consistent with the provisions of Chapter 30, division 2, article VI of this code and Minn. Stats. §§ 462.351—462.364. Meetings of the board shall be held on the same evenings as the Planning Commission meetings. Sec. 2-330. Reports. Page 63 of 464