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2.04 <br /> <br />The Board of Building Appeals <br /> <br />Subd. <br /> <br /> a. <br /> <br />Subd. 4. <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 /> 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 roll call vote of the members of the <br />Board. <br /> <br />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 determined 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 />affn'm, 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 />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 /> Authority. <br /> <br />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 /> Historical ~lote <br /> <br /> Established by Ordinance 74-6 November 18, t974. <br /> <br /> Ord. #74-07 November 26, 1974 set salaries (Mayor <br />$2,200 annually and Council $1,800 annually). <br /> <br /> Ord. #75-03 established Planning and Zoning <br />Commission effective April 14, 1975. <br /> <br /> Ord. #75-14 amendment to §2.01.03, Subdivision 1, <br />deleting the sentence "All Council meetings shall be <br />tape recorded, and the recorded tapes for each meeting <br />shall be retained in the Clerk's Office for pubIic review <br />for a period of one year from the date of the meeting." <br /> <br />Page 14 Printed 4/3/95 <br /> <br /> <br />