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D. Requirements for construction of channel modifications, compensatory <br />• storage, dikes, levees, and other protective measures. <br />E. Flood proofing measures, in accordance with the State Building Code and <br />this Chapter. The applicant shall submit a plan or document certified by a <br />registered professional engineer or architect that the flood proofing <br />measures are consistent with the Regulatory Flood Protection Elevation <br />and associated flood factors for the particular area. <br />331.26 Variances. The Board may authorize upon appeal in specific cases such relief or variance <br />from the terms of this Chapter as will not be contrary to the public interest and only for <br />those circumstances such as hardship, practical difficulties or circumstances unique to the <br />property under consideration, as provided for in the respective enabling legislation for <br />planning and zoning for cities or counties as appropriate. hr the granting of the variance, <br />the Board of Adjustment shall clearly identify in writing the specific conditions that <br />existed consistent with the criteria specified in the respective enabling legislation which <br />justified the granting of the variance. No variance shall have the effect of allowing in any <br />district uses prohibited in that district, permit a lower degree of flood protection than the <br />Regulatory Flood Protection Elevation for the particular area, or permit standards lower <br />than those required by State law. <br />Subd. 1. Rules. The Board of Adjustment shall adopt rules for the conduct of business <br />and may exercise all of the powers conferred on such Boards by State law. <br />• Subd. 2. Administrative Review. The Board shall hear and decide appeals where it is <br />alleged there is error in any order, requirement, decision, or determination made by an <br />administrative official in the enforcement or administration of this Chapter. <br />Subd. 3. Hearings. Upon filing with the Board of Adjustment of an appeal from a <br />decision of the City Administrator, or an application for a variance, the Board shall fix a <br />reasonable time for a hearing and give due notice to the parties in interest as specified by <br />law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of <br />the application for proposed variances sufficiently in advance so that the Commissioner <br />shall receive at least ten (10) days notice of the hearing. <br />Subd. 4. Decisions. The Board shall arrive at a decision on the appeal or variance within <br />thirty (30) days. In passing upon an appeal, the Board may, so long as such action is in <br />conformity with the provisions of this Chapter, reverse or affirm, wholly or in part, or <br />modify the order, requirement, decision or determination of the City Administrator or <br />other public official. It shall make its decision in writing setting forth the findings of fact <br />and the reasons for its decisions. In granting a variance the Board may prescribe <br />appropriate conditions and safeguards, which shall be in conformity with the purposes of <br />this Chapter. Violations of such conditions and safeguards, when made a part of the terms <br />under which the variance is granted, shall be punishable. A copy of all decisions granting <br />variances shall be forwarded by mail to the Commission of Natural Resources within ten <br />. (10) days of the action <br />Ordinance 331 <br />Page 17 <br />