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40.26 <br />(7) The proposed variance will not impair an adequate • <br />supply of light and air to adjacent property, or <br />substantially increase the congestion of the public <br />streets, or increase the danger of fire or endanger <br />the public safety, or substantially diminish or <br />impair property values within the neighborhood. The <br />Board of Adjustment and Appeals may impose such <br />restrictions and conditions upon the premises <br />benefited by a variance as may be necessary to comply <br />with the standards established by this Code, or to <br />reduce or minimize the effect of such variance upon <br />other properties in the neighborhood, and to better <br />carry out the intent of the variance. <br />Subd. E A22ea�ls. If the Board acts in favor of the appellant it <br />t�eupon 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 />• <br />- 109 - <br />