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collected in the same manner as are general taxes, all as authorized by Minnesota <br />Statutes § 360.067. <br />SECTION IX. VARIANCES <br />A. Variance Application. Any Person desiring to use his or her property in violation of <br />any provision of this Lake Elmo Airport Zoning Ordinance, whether to construct or <br />establish a new Structure; to alter, change, rebuild, repair, or replace an existing <br />Structure; to allow a Tree to grow higher; to alter, repair, replace, or replant a Tree; or <br />to otherwise use his or her property in violation of any provision of this Lake Elmo <br />Airport Zoning Ordinance, may apply to the Board of Adjustment for a variance from <br />such provision. A variance application shall be made by sending the application on <br />the form provided by the Board of Adjustment by certified United States Mail to (1) the <br />members of the Board of Adjustment and (2) the Board of Adjustment at the mailing <br />address specified in Section XII.C. The applicant shall also mail a copy of the <br />application by regular United States Mail to the Zoning Administrator of the jurisdiction <br />in which the Structure or property is located, as designated in Section XI.B. The Board <br />of Adjustment may charge a fee for processing the application. <br />B. Failure Of Board To Act. If the Board of Adjustment fails to grant or deny the <br />variance within 4 months after the last Board member receives the variance <br />application, the variance shall be deemed to be granted by the Board of Adjustment, <br />but not yet effective. When the variance is granted by reason of the failure of the <br />Board of Adjustment to act on the variance, the Person receiving the variance shall <br />send notice that the variance has been granted by certified United States Mail to <br />(1) the Board of Adjustment at the mailing address specified in Section XII.C. and <br />(2) the Commissioner. The applicant shall include a copy of the original application <br />for the variance with the notice to the Commissioner. The variance shall be effective <br />60 days after this notice is received by the Commissioner, subject to any action taken <br />by the Commissioner pursuant to Minnesota Statutes § 360.063, subd. 6.a. <br />C. Variance Standard. A variance shall be granted where it is found that a literal <br />application or enforcement of the provisions of this Lake Elmo Airport Zoning <br />Ordinance would result in practical difficulty or unnecessary hardship and relief <br />granted would not be contrary to the public interest but do substantial justice and be <br />in accordance with the spirit of this Lake Elmo Airport Zoning Ordinance and Minnesota <br />Lake Elmo Airport Zoning Ordinance Page 13