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Ordinance 2010-008 Subd. 3 Variances. The City may authorize in specific cases such relief or variance from the terms of this section and code in accordance with Section 1355. No variance shall have the effect of allowing in any district uses that are prohibited in that district, permit a lower degree of flood protection than the Regulatory Flood Protection Elevation for the particular area, or permit standards lower than those required by State law. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: A. Variances shall not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. B. Variances shall only be issued by a community upon (1) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (1*1'1) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Subd. 4 Conditional Uses. The City Council shall hear and decide applications for conditional uses permissible under this Section. Applications shall be submitted to the City Administrator who shall forward the application to the City Council for consideration. Subd. 5 Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the City Administrator, or an application for a variance or conditional use permit, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner shall receive at least ten (10) days notice of the hearing. Subd. 6 Decisions. The Board shall arrive at a decision on the appeal, variance, or conditional use permit in accordance with Section 1355. In granting a variance or conditional use permit the City may prescribe appropriate conditions and safeguards, which shall be in conformity with the purposes of this Section. Violations of such conditions and safeguards, when made a part of the terms under which the variance or conditional use permit is granted, shall be punishable as described in Section 1335.36. A copy of all decisions granting variances or conditional use permits shall be forwarded by mail to the Commission of Natural Resources within ten (10) days of the action.