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. . . '.. . with the Ordinance and to protect adjacent property, including without limitation, ;In expiration date. The violation of any written CI,;mdition(s) shall constitute a vlolation of this Ordinance. No request for a variance may be. resubmitted sooner than six (6) months following a denial. A variance shall become void within two (2) years following iss~~nce unless substantial action 1-.as been taken by the petitioner in reliance thereon. b. A variance may be granted by the Board only if it finds: 1. That the 11 te ral enfo rcement of the Ordi nance would cause undue (unnecessary, unavoidable, extreme) hardship. ii. That the hardship is caused by special condi tions and circumstances which are peculiar to the land and structure involved and which are not characteristic of or applicable to other lands or structures in the same district. !ii. That the literal application of the provisions of this Ordinance would deprive the petitioner of rights enjoyed by other properties in the Slme district under the terms of this urdinance. iv. That the special conditions and circumstances are not a consequence of tre petitioner's own action or inaction. v. That the variance will not be injurious to or adversely affect the health, safe ty or welfare of the residents of the Ci ty or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. 6. Procedure. a. Hear12!& - On receipt of a request for a variance or not ice of appeal, the Board shall set a date for a hearin!j thereon which shall occur not later than ninety (90) days following the Ci ty' s receipt of the request or notice. Not'less than ten (10) days before the ria te of the hearing, notice of the hearing shall be mailed to the petitioner or appellant, be published in .the official newspaper, and be mailed to each owner of property situated wholly or partly wi thin three hundred fifty (350) feet of the property to which the variance or appeal relates. Failure of a property owner to receive notice shall not invalida te the hearing or proceedi ng. b. Plann..!.!:!&.. Commi:;sion Comment - The Board shall make no decision on an appeal or request for variance until the Planning CommIssion has had a reasonable opportunity, not to exceed sixty (60) days, to review and report to the Board upon the appeal or variance. c. Decision - Within a reasonable time after the hearing, the Board shall make a decision on the matter which shall he transmi tted to the appellant or petitioner by mail. The Board shall act to dpprovc or deny the appeal or request for a variance. 7. Authority of the Board. The Board, on arpeal, may reverse, affirm or modi~y any order, t"l!1uirement, decision, or determination ft"om which an appeal has been taken, provided that any decision shall be consisten<.: with this Ordinance. All 43.