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40. 26 <br /> comply with the standards established by this Code, <br /> or to reduce or minimize the effect of such variance <br /> upon other properties in the neighborhood , and to <br /> better carry out the intent of the variance . <br /> Subd. E Appeals. If the Board acts in favor of the appellant it <br /> thereupon shall issue an order to the administrative <br /> official involved setting forth the terms and conditions <br /> adopted . Said order shall be signed by the Chairman and <br /> the City Clerk-Administrator or Secretary of the Board. <br /> If the Board denies the applicant ' s relief the applicant <br /> - - _ within sixty (-60 ) _ days from the- decision of the Board may <br /> appeal to the City Council for the relief sought. <br /> Subd. F Procedures . <br /> ( 1 ) Requests for a variance or appeal shall be filed with <br /> the City Clerk-Administrator on an official appli- <br /> cation form. Such application shall be accompanied <br /> by a fee as outlined in Section 40 . 28. This fee <br /> shall not be refunded. Such application shall also <br /> be accompanied by ten ( 10 ) copies of detailed written <br /> and graphic materials necessary for the explanation <br /> of the request. <br /> ( 2 ) Upon receiving said application, the City Clerk- <br /> Administrator shall refer the application, along with <br /> all related information , to the Board of Adjustment <br /> and Appeals and City staff . <br /> , ( 3 ) After receiving the City staff ' s report and recommen- <br /> dations concerning a request for variance or an <br /> appeal , the Planning Commission serving as the Board <br /> of Adjustment and Appeals may set a date and hold a <br /> hearing on said request. The Board shall hear such <br /> persons as wish to be heard , either in person or by <br /> agent or attorney. Notice of any such hearing shall <br /> be mailed not less than ten ( 10 ) days before the date <br /> of hearing to the person or persons who filed the <br /> appeal or request, to all owners of property <br /> according to the City assessment records , within <br /> three hundred fifty ( 350 ) feet of the property to <br /> which the variance relates. <br /> (4) Failure of property owner to receive notice shall not <br /> invalidate any such proceedings as set forthwithin <br /> this Code. <br /> ( 5 ) The Planning Commission serving as the Board of <br /> Adjustment and Appeals shall make a finding of fact <br /> and shall decide whether to approve or deny a request <br /> for a variance or an appeal within thirty ( 30 ) days - <br /> after the public hearing on said request. <br />