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<br />. <br /> <br />structures or additions to existing structures in the <br />flood plain districts. He/She shall also maintain a <br />record of the elevations to which structures or additions <br />to structures are flood-proofed. <br /> <br />Subdivision 3. Board of Adiustment and Appeals. A Board of <br />Adjustment and Appeals is established as provided in Chapter 40 of <br />the Municipal Code. <br /> <br />(a) Rules. The Board of Adjustment and Appeals shall adopt <br />rules for the conduct of business and may exercise all of <br />the powers conferred on such Boards by State law. <br /> <br />(b) Administrative Review. The Board shall hear and decide <br />appeals where it is alleged there is error in any order, <br />requirement, decision, or determination made by an <br />administrative official in the enforcement of <br />administration of this Chapter. <br /> <br />. <br /> <br />(c) Variances. The Board may authorize upon appeal in <br />specific cases such variance from the terms of this <br />chapter as will not be contrary to the public interest, <br />where, owing to special conditions, literal enforcement <br />of the provisions of the Chapter will result in <br />unnecessary hardship so that the spirit of the Chapter <br />shall be observed and substantial justice done. No <br />Variance shall have the effect of allowing in any <br />district uses prohibited in that district, permit a lower <br />degree of flood protection than the Regulatory Flood <br />Protection Elevation for the particular area, or permit <br />standards lower than those required by State law. <br /> <br />(d) Hearings. Upon filing with the Board of Adjustment and <br />Appeals of an appeal from a decision of the Zoning <br />Administrator, or an application for a variance, the <br />Board shall fix a reasonable time for a hearing and give <br />due notice to the parties in interest. The Board shall <br />submit by mail to the Commissioner of Natural Resources <br />a copy of the application for proposed variance <br />sufficiently in advance so that the Commissioner will <br />receive at least ten (10) days notice of the hearing. <br /> <br />. <br /> <br />(e) Decisions. The Board shall arrive at a decision on such <br />appeal or variance within thirty (30) days after Public <br />Hearing of such appeal or variance. In passing upon an <br />appeal the Board may, so long as such action is in <br />conformity with the provision of the Chapter, reverse or <br />affirm, wholly or in part, or modify the order, <br />requirement, decision or determination appealed from. It <br />shall make its decision in writing setting forth the <br />findings of fact and the reasons for its decision. In <br />granting a variance the Board may prescribe appropriate <br />conditions and safeguards such as those specified in <br />section 49.07, Subdivision 4(g), which are in conformity <br />with the purposes of this Chapter. Violations of such <br />conditions and safeguards, when made part of the terms <br />under which the variance is granted, shall be deemed a <br />violation of this chapter punishable under section 49.09. <br />A copy of all decisions granting variances shall be <br /> <br />8 <br />