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ORDINANCE 97- /~ <br />CITY OF ELK RIVER <br /> <br /> AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING <br />SECTION 900.40 O THE CITY CODE OF ORDINANCES <br />(BOARD OF ADJUSTMENTS) TO PROVIDE THAT THE CITY PLANNING <br />COMMISSION SHALL SERVE AS THE CITY BOARD OF ADJUSTMENTS <br />AND TO PROVIDE FOR APPEAL FROM DECISIONS OF THE BOARD OF <br />ADJUSTMENTS TO THE CITY COUNCIL <br /> <br />CASE NO. OA 97-1 <br /> <br />The City Council of the City of Elk River does hereby ordain as follows: <br /> <br /> Section 1. Section 900.40(1) of the City of Elk River Code of Ordinances <br />shall be amended to read as follows: <br /> <br />1. Membership. The members of the Elk River Planning Commission <br />shall serve as the Board of Adjustments (the Board) required pursuant to Minnesota <br />Statutes 462.354, Subd. 2. Members shall serve until the expiration of their term as <br />Planning Commission members. Board members shall serve without compensation <br />but may be paid for necessary expenses. <br /> <br />Section 2. That Section 900.40(2) of the City of Elk River Code of Ordinances <br />shall be amended to read as follows: <br /> <br />2. Board Procedure. The Board may adopt rules of procedure for the <br />transaction of its business consistent with the provisions of this Ordinance and <br />Minnesota Statutes 462.351 through 462.364. Four members of the Board shall <br />constitute a quorum. Regular meetings of the Board shall be held on the fourth <br />Tuesday of each month or at such other times as are specified in its rules. Special <br />meetings shall be held at the call of the Chair who shall be the Chair of the <br />Planning Commission. Notice of special meetings shall be posted at the City Hall <br />and transmitted to members at least three (3) days prior to the date of the meeting. <br />There shall be a fixed place of meeting and all meetings shall be open to the public. <br />A record shall be kept of the Board's transactions, findings and determinations. <br /> <br />Section 3. That Section 900.40 (6) of the City of Elk River Code of Ordinances <br />shall be amended by repealing existing subsections (B) and (C) and adopting new <br />subsections (B), (C) and (D), which shall read as follows: <br /> <br />B. Decision - Within a reasonable time after the hearing, the Board <br />shall make a decision on the matter which shall be transmitted to the <br />appellant or petitioner by mail. The Board shall act to approve, deny or <br />approve with conditions the appeal or request for a variance. Decisions of the <br />Board to approve or approve with conditions an appeal or request for a <br />variance shall be final unless appealed to the City Council, and shall be <br />effective on the eleventh day following the decision by the Board unless an <br /> <br /> <br />