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<br />8820.3300 V ARJANCE. Subpart 1. Written requests. A fonnal request by a political subdivision for a <br />variance from this chapter must: <br /> <br />A. be submitted to the commissioner in writing in the form of a resolution; <br /> <br />B. identify the project by location and termini; and <br /> <br />C. cite the specific part or standard for which the variance is requested and describe the modification <br />proposed. <br /> <br />Subp. la. Additional information.Additional information needed: <br /> <br />A.index map; <br /> <br />B. typical section: <br /> <br />(I) inplace section; <br /> <br />(2) proposed section: <br /> <br />C. reasons for the request; <br /> <br />D. the economic, social, safety, and environmental impacts which may result from the reqnested variance; <br /> <br />E. effectiveness ofthe project in eliminating an existing and projected deficiency in the transportation <br />system; <br /> <br />F. effect on adjacent lands; <br /> <br />G. number of persons affected; and <br /> <br />H. safety considerations as they apply to: <br /> <br />(I) pedestrians; <br /> <br />(2) bicyclists; <br /> <br />(3) motoring public; and <br /> <br />(4) fire, police, and emergency units. <br /> <br />Subp.2. Notice of request. The commissioner shall publish notice of variance request in the State Register <br />and shall request comments from interested parties be directed to the commissioner within seven calendar <br />days from date of publication. <br /> <br />Subp.3. Decision. The commissioner shall base the decision on the criteria in part 8820.3400, subpart 3 <br />and shall notify the political subdivision in writing of the decision. The commissioner may require a <br />resolution by the recipient of the variance that indemnifies, saves, and holds harmless the state and its <br />agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason <br />of the granting of the variance. The recipient of the variance shall further agree to defend at its sole cost <br />and expense any action or proceeding begun for asserting any claim of whatever character arising as a <br />resnJt of the granting of the variance. <br /> <br />Subp. 4.Contested case hearing. Any variance objected to in writing or denied by the commissioner is <br />subject to a contested case hearing as required by law. <br />