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1999-05-12
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1999-05-12
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the variance. No Variance shall have the <br /> effect of allowing in any districat uses <br /> prohibited in that district, permit a lower <br /> degree of flood protection than the <br /> Regulatory Flood Protection Elevation for the <br /> particular area, or permit standards lower <br /> than those required by State law. <br /> 10.34- Hearings. Upon filing with the Board of <br /> Adjustment of an appeal from a decision of <br /> the Zoning Administrator, or an application <br /> for a variance, the Board shall fix a <br /> reasonable time for a hearing and give due <br /> notice to the parties in interest as <br /> specified by law. The Board shall submit by <br /> mail to the Commissioner of Natural Resources <br /> a copy of the application for proposed <br /> variances sufficiently in advance so that the <br /> Commissioner will receive at least ten days <br /> notice of the hearing. <br /> 10.35 Decisions. The Board shall arrive at a <br /> decision on such appeal or Variance within <br /> days. In passing upon an appeal, the Board <br /> may, so long as such action is in conformity <br /> with the provisions of this Ordinance, <br /> reverse or affirm, wholly or in part, or <br /> modify the order, requirement, decision or <br /> determination of the Zoning Administrator or <br /> other public official. It shall make its <br /> decision in writing setting forth the <br /> findings of fact and the reasons for its <br /> decisions. In granting a Variance the Board <br /> may prescribe appropriate conditions and <br /> safeguards such as those specified in Section <br /> 10.46, which are in conformity with the <br /> purposes of this Ordinance. Violations of <br /> such conditions and safeguards, when made a <br /> part of the terms under which the variance is <br /> granted, shall be deemed a violation of this <br /> Ordinance punishable under Section 12.0. A <br /> copy of all decisions granting Variances <br /> shall be forwarded by mail to the <br /> Commissioner of Natural Resources within ten <br /> (10) days of such action. <br /> 10.36 Appeals. Appeals from any decision of the <br /> Board may be made, and as specified in this <br /> community's Offical Controls and also <br /> Minnesota Statutes. <br /> 10.37 Flood Insurance Notice and Record Keeping. <br /> The Zoning Administrator shall notify the <br /> applicant for a variance that: 1) The <br /> issuance of a variance to construct a <br /> structure below the base flood level will <br /> result in increased premium rates for flood <br /> -19- <br />
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