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91-004 ORD
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91-004 ORD
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12/3/2007 2:37:20 PM
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8/9/2005 4:05:47 PM
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<br />e <br /> <br />e <br /> <br />e <br /> <br />Page 19 <br /> <br />structures in the floodplain. The Building and Zoning <br />Administrator shall also maintain a record of the <br />elevation to which structures or alterations and additions <br />to structures are flood-proofed. <br /> <br />3 . <br /> <br />Board of Adiustment. <br /> <br />A. The City Council, which serves as the Board of <br />Adjustment under the Zoning Ordinance of the City of Elk <br />River pursuant to Section 900.40 of this Code, shall be <br />the Board of Adjustment under this Ordinance with the <br />following powers and duties: <br /> <br />i. AdmiDistrative Review. The Board shall hear <br />and decide appeals where it is alleged there is error <br />in any order, requirement, decision, or determination <br />made by an administrative official in the enforcement <br />or administration of this Ordinance. <br /> <br />11. To hear and decide requests for variances from <br />the provisions of this Ordinance pursuant to the <br />standards set forth in Section 902.16(3) hereof. <br /> <br />In exercising the foregoing powers and duties, the Council <br />shall follow the procedures, rules and regulations <br />established in Section 900.40 of this Code. <br /> <br />B. ~ules. The Board of Adjustment shall adopt rules <br />for the conduct of business and may exercise all of the <br />powers conferred on such Boards by State Law. <br /> <br />C. Variances. The Board may authorize upon appeal in <br />specific cases such relief or variance from the terms of <br />this Ordinance as will not be contrary to the pUblic <br />interest and only for those circumstances such as <br />hardship, practical difficulties or circumstances unique <br />to the property under consideration, as provided for in <br />Section 900.40 of the City Code. In the granting of such <br />variance, the Board of Adjustment shall clearly identify <br />in writing the specific conditions that existed consistent <br />with the criteria specified in Section 900.40 of the City <br />Code which justified the granting of the variance. No <br />variance shall have the effect of allowing in any district <br />uses prohibited in that district, permit a lower degree of <br />flood protection than the Regulatory Flood Protection <br />Elevation for the particular area, or permit standards <br />lower than those required by State Law. <br /> <br />D. ApplicatioQ~ Applications for a variance to this <br />Ordinance shall be reviewed by the Planning Commission and <br />City Council in the same manner and according to the same <br />procedures as other variance applications received under <br />Section 900.40 of the Zoning Ordinance of the City of Elk <br />River. <br />
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