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10/16/23, 9:56 AM Print Preview <br />https://lakeelmo.municipalcodeonline.com/book/print?type=ordinances&name=TITLE_3_ADMINISTRATION 14/39 <br />(1)The exclusive power to hear and decide appeals where it is alleged that there is an error <br />in any decision, order, requirement, or determination made by an administrative officer in <br />the enforcement of the zoning code; and <br />(2)The appeal shall be filed within five business days from the date that the decision, order, <br />requirement, or determination is made and shall state: <br />a.The particular decision, order, requirement, or determination from which the <br />appeal is taken; <br />b.The name and address of the appellant; <br />c.The grounds for the appeal; and <br />d.The relief requested by the appellant. <br />(b)Effect of appeal. An appeal stays all proceedings in furtherance of the action appealed from <br />unless the board of adjustment and appeals, to whom the appeal is taken, certifies that, by <br />reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. <br />(c)Authority of the board of adjustment and appeals. The board of adjustment and appeals may <br />reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or <br />determination appealed from and to that extent shall have all the powers of the officer from <br />whom the appeal was taken, and may direct the issuance of a permit. <br />(d)Hearing procedures. <br />(1)The zoning administrator shall, upon the filing of a notice of appeal, refer the matter to <br />the board of adjustment and appeals and establish a time for the hearing of the matter <br />by the board. <br />(2)The zoning administrator shall notify the appellant or applicant, the chairperson of the <br />planning commission, the building official, the abutting property owners, and in the case <br />of an appeal, the officer from whom the appeal is taken, of the time and place of the <br />hearing. The notice shall be in writing and shall be served on the person by mail, <br />provided the notice shall be mailed at least ten days preceding the date of the hearing. <br />(e)Record of findings. <br />(1)The board of adjustment and appeals shall make written findings in any case of an <br />appeal and shall state in the findings the reasons for its decision. The order issued by <br />the board of adjustment and appeals shall include the legal description of the land <br />involved. Any order shall be filed with the zoning administrator, who shall immediately <br />mail a copy of the order, bearing the notation of the filing date, to the appellant or <br />applicant. <br />(2)A certified copy of any order issued by the board of adjustment and appeals acting upon <br />any appeal from an decision, order, requirement, or determination of an administrative <br />officer, may be filed with the county recorder or registrar of titles for recording. The filing <br />may be made by the zoning administrator as soon as is reasonably possible after the <br />filing of the order with the zoning administrator. <br />(f)Decision; appeals. All decisions of the board of adjustment and appeals acting upon an appeal <br />from an order, requirement, decision, or determination by an administrative officer or upon an <br />application for a variance shall be final, except that any aggrieved person may have any <br />decision or order of the board reviewed for an appropriate remedy in district court as provided <br />by law.