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1 <br /> ! <br /> (Sec. 10.26(3) con ' t) 10-67 <br /> with the Board of Adjustment a as well as give due notice to the <br /> notice of appeal specifying the parties in interest, and decide ; ! <br /> grounds thereof. The officer from the same within a reasonable <br /> whom the appeal is taken shall time. Upon the hearing any party __ <br /> forthwith transmit to the board may appeal in person or by agent ' <br /> all the papers constituting the, or attorney. I_�, <br /> record upon which the action ( 6) Powers of the board of <br /> appealed from was taken. The <br /> Committee may appeal only those adjustment. The Board of Adjust= i1 <br /> matters properly before it prior <br /> ment shall have the following l <br /> to the Committee vote and within powers: <br /> thirty (30) days of the public (a) To hear and decide appeals I <br /> hearing on the matter, and only where it is alleged there is Ls <br /> by a 2/3 vote of the Committee' s error in any order, requirement, <br /> members. The Committee's appeal decision or determination made by <br /> shall be exempt from fee. an administrative official in the <br /> 1I <br /> [. History: Sec. 10.26(3) amended, enforcement of sections 59.97, <br /> 59.971, 87. 30 or of any ordinance , <br /> by O.A. 20, 1989-90, published <br /> 2/27/90. ] adopted pursuant thereto. <br /> (4) Stays. An appeal shall stay (b) To hear and decide special <br /> all proceedings in furtherance of exceptions to the terms of the <br /> ordinance upon which such board <br /> the action appealed from, unless is required to pass under such <br /> the officer from whom the appeal ordinance. �, <br /> is taken shall certify to the , I <br /> board of adjustment after the (c) To authorize upon appeal in <br /> notice of appeal shall have been specific cases such variance from <br /> filed with him that by reason of the terms of ' the ordinance as 1—) <br /> facts stated in the certificate a will not be contrary to . the J <br /> stay would cause imminent peril public interest, where, owing to <br /> to life or property. In such special conditions, a literal <br /> case proceedings shall not be enforcement of the provisions of I ! <br /> stayed otherwise than by a re- the ordinance will result in 4J <br /> straining order, which may be unnecessary hardship, and so that <br /> granted by the board of adjust- the spirit of the ordinance shall } <br /> ment or by a court of record on be observed and substantial jus- )', <br /> application on notice to the tice done. <br /> officer from whom the appeal is <br /> taken and on due cause shown. (7) Order on appeal . In n <br /> exercising the above-mentioned LJ <br /> (5) Hearing appeals. The board powers such board may, in con- <br /> of adjustment shall fix a reason- formity with the provisions of <br /> able time for the hearing of the this section, reverse or affirm, H <br /> appeal and publish a Class 2 wholly or partly, or may modify <br /> notice thereof under Ch. 985, the order, requirement, decision f-- <br /> or determination appealed from ; , <br /> and may make such order, require- <br /> ' ment, decision or determination <br /> � <br /> �� <br /> __, <br /> Li <br /> Fourth Qtr. Supp. #10, 5/90 . H <br />