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CCP 07-30-2001
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CCP 07-30-2001
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<br />B. Limitations on period of use, occupancy, and operation. <br /> <br />. <br /> <br />C. <br /> <br />Imposition of operational controls, sureties, and deed restrictions. <br /> <br />D. Requirements for construction of charmel modifications, compensatory <br />storage, dikes, levees, and other protective measures. <br /> <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 /> <br />. <br /> <br />9.5-43 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. In 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 /> <br />Subd. 1. Rules. The Board of Adjustment shall adopt rules for the conduct of business <br />and may exercise all ofthe powers conferred on such Boards by State law. <br /> <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 /> <br />Subd. 3. Hearinl!s. 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 /> <br />. <br /> <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 such as those specified in Subsection 1350.09, <br />Subd. 6, which shall be in conformity with the purposes of this Chapter. Violations of <br />such conditions and safeguards, when made a part of the terms under which the variance <br />is granted, shall be punishable under Section 1370. A copy of all decisions granting <br /> <br />9.5 - 17 <br />
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