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§ 2.04 The Board of Building A~p~als <br /> <br />Subd. <br /> <br /> a. <br /> <br /> (c) The Building Official and any employees of the department <br /> desiring to speak on the matter shall be heard. <br /> (d) Anyone else desiring to speak in support of an appeal shall <br /> be heard. <br /> (e) Anyone else desiring to speak against an appeal shall be <br /> heard. <br /> 4. Action of Board. After conclusion of a hearing on an appeal, <br /> the Board shall then act on the matter or it shall take the matter <br /> under advisement and defer action until a date certain which date <br /> shall be as soon thereafter as practicable. <br /> <br /> 3. Action of board on appeal. <br /> <br /> Form. Every final decision of the Board on an appeal shall be in <br /> writing, shall contain findings of the Board, shall be signed by the <br /> chairperson, and shall contain the roi1 call vote of the members of the <br /> Board. <br /> <br /> b. Appeal Invdlving a Variance in New Construction, In the <br /> case of an appeal from a decision of the Building Official to grant a <br /> variance in new construction, no variance from the Provisions of the <br /> Building Code shall be approved by the Board unless it is detemained by <br /> the Board that the proposed variance is equal to or better than the mode <br /> of construction or the materials required by the Building Code. <br /> <br /> Other Appeals. In the case of any other appeal, the Board may <br /> affirm, or it may reverse or modify the action of the Building Official. <br /> If the Board acts to reverse or modify the interpretation or decision of <br /> the Building Official, it shall do so only upon a determination that: <br /> 1. The interpretation or decision of the Building Official violates a <br /> provision of the Building Code or any other controlling law or <br /> ordinance; or : - <br /> 2. The interpretation or decision of the Building Official exceeds the <br /> authority of the Building Official. <br /> <br />d. Notification of Action. Every final decision of the Board shall be <br /> filed with the Building Official and at the time of filing, a duplicate copy <br /> shall be mailed to the applicant. <br /> <br /> 4. Authority. <br /> <br />a. Authority for Adoption. These Rules of Procedure are authorized <br /> by the provision of §204 of the Building Code as amended by §8.01 of <br /> this code. <br /> <br />r ' ~Historical Note <br /> <br /> Established by Ordinance 74-6 November 18, .1974. <br /> <br /> Ord. #74-07 No~vember 26, 1974 set salaries (Mayor <br /> $2,200 annually and Council $1,800 armua[ly). <br /> <br /> Ord. #75-03 established Planning and Zoning <br /> Commission effec~tive April 14, 1975. <br /> <br /> Ord. #75-14 amendment to §2.01.03, Subdivision 1, <br />deleting the sentence "Ali Council meetings shall be <br />tape recorded, and the recorded tapes for each meeting <br />shall be retained in the Clerk's Office for public review <br />for a period of one year from the date of the meeting.~ <br /> <br />Page 14 <br /> <br />Printed 4/3/95 <br /> <br /> <br />