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&xHi& rA 1 MINNESOTA STATUTES 2009 394.27 394.27 CREATION AND DUTIES OF BOARD OF ADJUSTMENT. Subdivision 1. When controls adopted. Whenev;r a board of county commissioners shall have adopted official controls it shall at the same time :s the adoption of such controls create a board of adjustment by ordinance. Subd. 2. Procedure, qualifications. The board of adjustment shall consist of at least three but not more than seven members, including at least o e member from the unincorporated area of the county, whose appointment, term of office, .r removal from the board shall be as provided in the ordinance creating the board of adjust lent;provided that no elected officer of the county nor any employee of the board of commissioners shall serve as a member of the board of adjustment and that one member of such boars of adjustment shall also be a member of any planning commission appointed under the provi.ions of sections 394.21 to 394.37. In an ordinance creating a three-member board of adjustmen ,provision may be made for one alternate member. The alternate board member shall,when direc ed by the chair, attend all meetings of the board and participate fully in its activities but shall not ote on any issue unless authorized to do so by the chair. The chair shall authorize the alternate board member to vote on an issue when a regular member is absent, physically incapacitated, abstains because of a possible conflict of interest, or is prohibited by law from voting on that issue. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a regular board member from voting thereon shall be decided by majority vote of all regular oard members except the member who is being challenged. In the ordinance establishing the boa d of adjustment provision may be made for removal of any member for nonperformance of dut or misconduct in office and for the filling of vacancies for any unexpired term. The regula and alternate members of such board of adjustment may be paid compensation in an amount determined by the county board and may be paid their necessary expenses in attending mee ings of the board and in the conduct of the business of the board. Subd. 3. Officers. The board of adjustment shall elect a chair and vice-chair from among its members and shall appoint a secretary who need no be a member of a board. It shall adopt rules for the transaction of its business and shall keep a public record of its transaction, findings, and determinations. Subd. 4. Meetings. The meetings of the board of justment shall be held at the call of the chair and at such other times as the board in its rules of procedure may specify. Subd. 5. Authority. The board of adjustment shall have the authority to order the issuance of variances, hear and decide appeals from and review ny order, requirement, decision, or determination made by any administrative official char ed with enforcing any ordinance adopted Copyright©2009 by the Revisor of Statutes,State o Minnesota.All Rights Reserved.