Duluth UDC § 1206.05

1. Findings of fact. a. Following the public hearing for a quasi-judicial decision, the Zoning Board of Appeals shall adopt findings of fact supporting their decision and may adopt any additional report it deems appropriate. b. In order to approve an application, the Zoning Board of Appeals shall further make a finding that the reasons set forth in the application justify the granting of the special exception or variance and that approval would be the minimum needed to make possible the reasonable use of the land, building, or structure. c. In preparing its findings or report, the Zoning Board of Appeals must consider the standards for approval set forth for a special exception under Section 1203.03, for a hardship variance under Section 1204.02 and Section 1204.03, or for a floodplain management variance under Section 1205.04, as applicable. 2. Decision. The Zoning Board of Appeals shall approve, approve with conditions, or deny an application by majority vote no later than their next regularly scheduled meeting at which a quorum is present following the public hearing. If no decision obtains a majority vote, the application shall be considered denied unless the appellant agrees to a tabling of the application to the Board’s next regularly scheduled meeting. 3. Appeal. A decision of the Zoning Board of Appeals shall only be appealed to the City Council and must be filed with the City Clerk within 15 days of the decision of the Zoning Board of Appeals. If appealed to the City Council, the decision of the Zoning Board of Appeals shall have an advisory effect only and shall not be binding on the City Council. 4. Written decision. The appellant shall be informed in writing of the Board’s decision and the findings of fact regarding the decision, which will be sent by regular mail within 7 days of the date of the decision. Failure to receive the written decision within 7 days shall not constitute a procedural error on the part of the City, nor affect the decision of the Board in any manner.