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<br />Section 190-010: Board of Appeals and Adjustments. The Planning and Zoning <br />Commission shall act as the Board of Appeals and Adjustments and shall have the power <br />to hear and decide requests for the following: <br /> <br />A. Interpretation: Hearing appeals where it is alleged that there is an <br />error in a decision or judgment made by an Administrative Officer in <br />the interpretation or enforcement of this Ordinance or in the <br />interpretation of Zoning District boundaries; and <br /> <br />B. Variances: Grant Variances from literal ordinance requirements in <br />instances where strict enforcement would cause undue hardship <br />because of circumstances unique to the individual property under <br />construction. <br /> <br />Section 190-020: Variance Procedures <br /> <br />A. Applications provided by the City must be completed in writing prior to <br />any consideration of Variance Petitions. Fees for Variances are <br />established by resolution of the City Council. <br /> <br />8. The Board of Appeals and Adjustments may require the applicant to <br />provide ten (10) copies of plans, maps, surveys, etc., as deemed <br />necessary, to ensure proper review and consideration of variance <br />petitions. <br /> <br />C. After filing an application, the City Clerk shall set a date for a public <br />hearing. Notice of the hearing shall be posted and published at least <br />ten (10) days prior to the date of the hearing, and notice shall be <br />mailed to each property owner within three hundred fifty (350) feet of <br />the property to which the Variance relates. Defects in the notice or <br />failure to notify individual property owners shall not validate the <br />proceedings, provided a good faith effort was made to comply with <br />these provisions. <br /> <br />D. Upon the hearing request, the Board of Appeals and Adjustments <br />shall either approve or deny the Variance and shall state the reasons <br />for said action. Conditions for approval may be attached to any <br />Variance granted. <br /> <br />E. Upon receipt of the recommendations of the Commission, the Council <br />shall hold whatever hearings it deems advisable and shall make its <br />decision upon the request to grant the variance. In granting the <br />Variance the Council may impose conditions which it considers <br />necessary to meet the standards of this ordinance and to protect the <br />best interests of the surrounding area and the city as a whole. <br /> <br />Page 59 of 65 <br />