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91-004 ORD
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1991
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91-004 ORD
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12/3/2007 2:37:20 PM
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<br />Page 20 <br /> <br />e <br /> <br />E. Hearinqs. Upon filing with the Board of <br />Adjustment of an appeal from a decision of the Building <br />and Zoning Administrator, or an application for a <br />variance, the Board shall fix a reasonable time for a <br />hearing and give due notice to the parties in interest as <br />specified by law. The Board shall submit by mail to the <br />Commissioner of Natural Resources a copy of the <br />application for proposed variances sufficiently in advance <br />so that the Commissioner will receive at least ten days <br />notice of the hearing. <br /> <br />e <br /> <br />F. Decisions. The Board shall arrive at a decision <br />on such appeal or variance. In passing upon an appeal, <br />the Board may, so long as such action is in conformity <br />with the provisions of this Ordinance, reverse or affirm, <br />wholly or in part, or modify the order, requirement, <br />decision or determination of the Building and Zoning <br />Administrator or other public official. It shall make its <br />decision in writing setting forth the findings of fact and <br />the reasons for its decisions. In granting a variance the <br />Board may prescribe appropriate conditions and safeguards <br />such as those specified in Section 902.16(4)(C), which are <br />in conformity with the purposes of this Ordinance. <br />Violations of such conditions and safeguards, when made a <br />part of the terms under which the variance is granted, <br />shall be deemed a violation of this Ordinance punishable <br />under Section 902.20. A copy of all decisions granting <br />variances shall be forwarded by mail to the Commissioner <br />of Natural Resources within ten (10) days of such action. <br /> <br />No variance shall be granted which the Council determines <br />has or will have a tendency to: <br /> <br />i. Increase the height or duration of flood waters. <br /> <br />11. Result in the placement of an artificial <br />obstruction which will restrict the passage of flood <br />waters in such a manner as to increase the height of <br />flooding. <br /> <br />iii. Result in incompatible land uses or uses which <br />would be detrimental to the protection of surface and <br />ground water. <br /> <br />iv. Increase the financial burdens imposed on the <br />community land areas within the City. <br /> <br />e <br /> <br />v. Be not in keeping with land use plans and <br />planning objectives for the City or which will <br />increase or cause danger to life or property. <br /> <br />vi. Be inconsistent with the objectives of <br />encouraging land uses compatible with the <br />
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