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Ordinance 2011-458 Variances <br />Page 2 of 3 <br />ten days prior:to the hearing: date <br />(3) If the variance relates to any development fronting a county highway, the county <br />engineer shall be given notice of the variance application ten days prior to the hearing. <br />(4) If the variance applies to the setback requirements from a substantial pipeline as <br />required in section 90-180, notice of the variance request shall be made to the commissioner <br />of the state department of public safety at least 30 days prior to final council action on the <br />request. <br />(5) Notice of the variance request shall be provided to the property owner of record for <br />properties located within 300 feet of the lot or parcel to which the variance will apply at <br />least ten days prior to the board of appeals and adjustment's meeting where the request will <br />be considered. <br />(6) Where the variance applies to any property within the floodplain district, the applicant <br />shall be provided a notice stating that: <br />a. The issuance of a variance to construct a structure below the base flood elevation <br />will result in increased premium rates for flood insurance up to amounts as high as <br />$25.00 for each $100.00 of insurance coverage. <br />b. Construction below the 100 -year or regional flood level increases risk to life and <br />property. <br />(c) Findings required for approval. In order for the City to approve a request for a variance <br />the City must find that the application meets the following criteria 1-7. If the City finds any of <br />the criteria are not met the application shall be denied. <br />(1) Law -The variance as requested is permissible by law. <br />(2) Practical Difficulties. The applicant for a variance shall establish that there are <br />practical difficulties in complying with the provisions of the zoning regulations. The term <br />"Practical Difficulties" as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the property in a <br />reasonable manner not permitted by the zoning ordinance and; <br />b. Unique Circumstances. The plight of property owner is due to circumstances <br />unique to the property not created by the landowner and; <br />c. Character of Neighborhood. The variance, if granted, will not alter the <br />essential character of the neighborhood. <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and <br />intent of this chapter and with the policies of the City's Comprehensive Plan.. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />2 <br />