Greenwood Township's Board of Adjustment

GREENWOOD TOWNSHIP BOARD OF ADJUSTMENT
(Adoption Date: May 9, 1995)

Section 1 Creation

1.01 The Township Board hereby creates a Board of Adjustment pursuant to Minnesota Statutes

394.27 and all acts amendatory thereof.

Section 2 Membership

2.01 Membership

A. The Board of Adjustment shall consist of five members who shall be appointed by the

Township Board as provided in this Ordinance, all of whoa shall be residents of

Greenwood Township.

B. One member shall also be a member of the Greenwood Township Planning Commission.

This member shall be appointed by the Planning Commission at its first meeting after

April 1 and serve for one year.

C. No elected officer of the Township nor any employee of the Board of Supervisors shall

serve on the Board of Adjustment.

Section 3 Appointments

3.01 Method of Appointment

A. At the re-organizational meeting of the Township Board in each calendar year, the

Township Board shall appoint members of the Board of Adjustment to fill expired terms.

The appointments shall be made upon approval of the Board by majority vote of the

entire Board.

B. Every reasonable effort shall be made to appoint members to this commission who are

representative of all geographical areas of the Township.

C. Applicants will be solicited through one-time publication in the official newspaper of

the Township.

3.02 Term of Office

A. Except as provided below, each member of the Board of Adjustment shall be appointed

to serve for a period of three calendar years.

B. Initial appointments made pursuant to this Ordinance shall be made in such a manner that

no more than two terms shall expire at the end of any given calendar year.

C. Each calendar year shall be presumed to run from April 1 to March 31 of the following year.

D. No person shall be appointed for more than three consecutive full terms of office.

3.03 Vacancies

A. Appointments shall be made by the Town Board to fill any vacancy for the unexpired

duration of the term.

B. Vacancies in regular positions shall be declared by the Town Board under any of

the following conditions:

1. Death of a member

2. Resignation of a member

3. Removal of a member for cause as provided in this Ordinance.

Section 4 Removal for Cause

4.01 Reasons for removal:

The following shall be deemed sufficient cause for the Town Board of Supervisors to remove

any Board of Adjustment member. The Town Board shall remove any member upon the

occurrence of any of the following conditions as reported to the Board by either the

Chairperson of the Board of Adjustment or the Planning Director:

A. Failure of the member to attend one-third of the regularly scheduled Board of Adjustment

meetings in any twelve (12) month period.

B. Failure of the member to attend three consecutive regular Board of Adjustment meetings,

or to attend four consecutive regular and special Board of Adjustment meetings.

C. Attendance at several regular or special Board of Adjustment meetings for such a short

length of time as to render the member's services of little value to the Township. The

Town Board of Supervisors shall make judgment on such matters after receiving a report

of the Chairperson or the Planning Director as provided in this section above.

D. Violation by the member of any land use control ordinance adopted by the Township

pursuant to Minnesota Statutes 394.21 to 394.37, and all acts amendatory thereof.

E. Any change in residency status, such that the member is not a resident of

Greenwood Township.

F. Inability to carry out the duties of the Board due to a conflict of interest.

Section 5 Organization and Procedures

5.01 Officers

A. The Board of Adjustment shall elect a chairperson and vice- chairperson from among its

regular members. The Town Clerk shall serve as secretary. Elections of Officers shall

take place at the first planning meeting after April 1. Officers shall serve a term of

one year.

5.02 Rules of Procedure

A. The Board of Adjustment shall adopt rules for the transaction of its business which shall

be consistent with the statutes of the State of Minnesota and the ordinances of

this Township.

5.03 Meetings

A. The meetings of the Board of Adjustment shall be held at the call of the chairperson and at

such other times as the Board of Adjustment in its rules of procedure may specify.

B. All meetings of the Board of Adjustment shall be open to the public pursuant to Minnesota

Statutes.

5.04 Voting

A. Each member, including the Chairperson, shall be entitled to vote on all questions, unless

a particular issue involves a conflict of interest. A decision to abstain from voting shall

also extend to discussion. Testimony, however, may be offered.

B. Any question of whether a particular issue involves a conflict of interest sufficient to

disqualify a member from voting thereon shall be decided by a majority vote of

the attending members except the member who is being challenged.

C. Any member who believes he or she may have a conflict of interest, or who has a relative

who has an interest in any decision to be made by the Board of Adjustment shall disclose

such interest and either disqualify him or herself or seek a ruling pursuant to

this Ordinance.

D. Any person may, in person or in writing, challenge whether any member may have a

conflict of interest. Upon any such challenge, the Board shall decide the question pursuant

to this Ordinance.

5.05 Records

A. The Board of Adjustment shall keep a written public record of all its transactions, findings,

and determinations on all matters referred to it, and shall cause such records to be

recorded as necessary to Minnesota Statutes.

Section 6 Authority and Duties

6.01 Variances

A. The Board of Adjustment shall have the exclusive authority to order the issuance of

variances fromn the term of any official control, including restrictions placed

on non-conformities.

B. Requests for variances from the Subdivision Platting Regulations of St. Louis County

shall first be referred to the Greenwood Township Planning Commission for a

recommendation to the Board of Adjustment.

C. The Board of Adjustment shall have the exclusive authority to order the issuance of

permits for buildings and uses in areas designated for future public use on an

official map.

D. The Board of Adjustment may impose conditions in the granting of variances to ensure

compliance and protect adjacent properties and public interests.

6.02 Other Appeals

A. The Board of Adjustment shall have the exclusive authority to hear and decide appeals

from and review any order, requirement, decision, or determination made by any

administrative official charged with enforcing any ordinance or official control

adopted pursuant to Minnesota Statutes.

B. The Board of Adjustment may reverse or affirm wholly or partly, or may modify the order,

requirement, decision, or determination appealed from and to that end, shall have all the

powers of the officer from whom the appeal was taken and may direct the issuance

of a permit.

C. Appeals shall be taken to the Board of Adjustment within forty-five (45) days of receipt of

notice from the Planning Director of any order, requirement, decision, or determination

made by him.

6.03 Public Bearings

A. The Board of Adjustment shall conduct public hearings on all variance appeals and other

appeals brought before it.

B. The Board of Adjustment shall set a reasonable time for the hearing of all appeals and give

due notice thereof to, the applicant and the officer f ran whoa the appeal is taken to the

public as prescribed by Minnesota Statutes and applicable ordinances of the Township.

C. Decisions by the Board of Adjustment shall be rendered on all appeals within thirty-five

(35) days from the date the public hearing is closed.

D. The reasons for the decision of the Board of Adjustment shall be stated in writing.

E. All decisions by the Board of Adjustment in granting variances or in hearing appeals from

any administrative order, requirement, decision or determination or in granting any permit,

shall be final, except that any aggrieved person or persons, or any department, board or

commission of the jurisdiction of the State shall have the right to appeal within thirty

(30) days after receipt of notice of the decision, to the District Court in the County

in which the land is located, on questions of law and fact.

6.04 Other Duties and Authority

A. The Board of Adjustment shall have such other duties and authorities as are prescribed by

proper ordinances of this Township.

Section 7 Compensation

Members of the Board of Adjustment may be compensated in any amount determined by the

Town Board, and may be paid their necessary expenses in attending meetings of the

Board of Adjustment and in the conduct of business of the Board of Adjustment.

Related Topics

Board of Adjustment Directory
Board of Adjustment Meeting Schedule
Board of Adjustment Meeting Minutes

Greenwood Township

3000 County Road 77
Tower, MN 55790

Phone: 218-753-2231
greenwoodtownship@frontiernet.net