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1125.02 <br />1125.02: VARIANCES AND APPEALS: <br />Subd. 1. Board ofAdjustmentl: <br />1125.02 (Rev. 2/04) <br />Ai IRCHmErJT 6 <br />a. Composition: The Board of Adjustment and Appeals shall consist of all members of the <br />Planning and Zoning Commission. All members shall serve without compensation. <br />b. Organization and Meetings: The Board of Adjustment and Appeals may elect a <br />chairman from among its appointed members for a term of one (1) year, and the Board may <br />create and fill such other offices as it may determine. The Board shall meet by order of its <br />chairman, after notice, whenever an appeal has been properly presented to it. A two-thirds <br />(2/3) vote of a properly convened Board meeting shall be required to grant the relief sought <br />in the appeal. <br />c. Records: All written reports and recommendations to the Board of Adjustment and <br />Appeals from the City staff shall be entered in and made part of the permanent written <br />record of the Board's meeting. <br />Subd. 2. Criteria for Granting Variances: A variance to the provisions of the Zoning Code may be <br />issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, <br />by the Director of Community Development as explained in Section 1125.02, subdivision 6, <br />to provide relief to the landowner in those cases where the Code imposes undue hardship or <br />practical difficulties to the property owner in the use of property owner's land. No use <br />variances may be issued. A variance may be granted only in the event that the following <br />circumstances exist: (Amended, Ord. 725, 2-9-04) <br />a. Exceptional or extraordinary circumstances apply to the properties which do not apply <br />generally to other properties in the same zone or vicinity and resulifrom lot size or shape, <br />topography or other circumstances over which the owners of the property since the effective <br />date hereof have had no control. <br />b. The literal interpretation of the provisions of this Title would deprive the applicant of <br />rights commonly enjoyed by other properties in the same district under the terms of this <br />Title. <br />c. That the special conditions or circumstances do not result from the actions of the <br />applicant. <br />1 See also Chapter 402 of this Code. <br />City ofMounds View <br />