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12.055 ZONING CODE 12.055. Procedure for Minor Variances. An owner of land may file an application for a minor variance, as defined in Paragraph 1 below, by paying a fee of $25.00. The application shall then be referred to a Board as set forth in Paragraph 4, and in the event that the Board unanimously approves said variance, the variance may be granted by the Council. In the event the application is not unanimously approved by the Board, then and in that event the applicant may proceed as provided in section 12.050 and the $25,00 fee shall be applied to the fee as required in Section 12.050. 1. A "minor variance" is a variance to front or rear yard set- backs in either R-1 or R-2 Districts, to the non-motorized pathway requirements of section 8.370, or to the driveway width restrictions of Section 82.080, No.1. 2. Before the Board may consider such minor variance applica- tion, the applicant shall secure and present written state- ments from owners of property contiguous to the affected yard for which the variance is requested, specifically noting no objection and consenting to such minor variance. The board shall determine without an abstract or certificate the names of such property owners. 3. The Board shall schedule an administrative hearing, the time and place for which shall be set by the Manager. The applicant and contiguous property owners to the affected yard shall be notified of such time and place in writing not less than five (5) days prior to such hearing. The Manager may inform additional property owners as he may feel merit an interest in the proceedings. 4. The Board referred to in this section shall consist of three persons appointed by the Manager. Said Board members may be staff employees, and the Manager may appoint himself as a member of said Board. 5. A minor variance to the driveway width restrictions of section 82.080, No.1, may be granted when, in the judgment of the Minor Variance Board, one or more of the following conditions exists relative to the driveway: A. Unsafe conditions due to motor vehicle speed or volume on, or the site distance from the adjacent .roadway. B. An unusually short distance from the roadway to the garage, or other circumstances that prevent normal maneuvering of motor vehicles within Section 82.080, No. 1, width restrictions. c. The existing nonconforming driveway provides unique structural support to adjacent lands or facilities. D. Other unusual conditions, that would result in extreme hardship, absent the required minor variance. 76