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ke its order <br />Df such <br />ail. Any <br />c by agent <br />5 may be <br />adopt fules <br />Such rules <br />ths to <br />by the <br />Drd of its <br />of its <br />on each <br />er. <br />rt. "V, V V9!m <br />^« 3 3 d <br />Section 32.330 - Variances: Reference to the Board of <br />Appeals and Adjustments. The Planning Commission is constituted as <br />the Board of Appeals and Adjustments. The decisions of the Board are <br />advisory to the Council. Before authorization of any variances, the <br />request therefor shall be referred to the Board of Appeals and <br />Adjustments for study concerning the effect of the proposed variance <br />upon the Comprehensive Municipal Plan and on the character and <br />development of the neighborhood; and for its recommendation to the <br />Council for the granting of such variance so as to relieve such <br />difficulties or hardship to the degree considered reasonable without <br />imparing the intent and purpose of the Zoning Chapter. The Board of <br />Appeals and Adjustments shall recommend such conditions related to the <br />variance regarding the location, character, and other features of the <br />proposed building, structure, or use as it may deem advisable. The <br />Council by unanimous action may waive reference to the Board of Appeals <br />and Adjustments. <br />The Board shall hold hearings as required by Minnesota Statutes <br />462.354 Subdivision (2) . A notice shall be published in the <br />official newspaper once at least ten days before the day of the hearing. <br />Any party may appear at the hearing in person or by agent or attorney! <br />For the purpose of giving mailed notice, the person responsible for <br />mailing the notice may use any appropriate records to determine the <br />names and addresses of each owner of affected property and property <br />situated wholly or partly within 150 feet of the property that requires <br />the varaince. A copy of the notice and a list of the owners and <br />addresses to which the notice was sent shall be attested to by the <br />responsible person and shall be made a part of the records of the <br />proceedings. The failure to give mailed notice to individual <br />property owners, or defects in the nature shall not invalidate the <br />proceedings, provided a bona fide attempt to comply with this <br />subdivision has been made. <br />Subject to such limitations as may be imposed by the City Council, the <br />Board may adopt rules for the conduct of proceedings before it. Such <br />rules may include provisions for the giving of oaths to witnesses and <br />the filing of written briefs by the parties. The Board shall provide <br />tor a record of its proceedings which shall include the minutes of its <br />meetings, its findings and the action taken on each matter heard by it, <br />including the final order. <br />Section 32.340 Variances: Issuances. <br />considering applications for vairance, the Council <br />advice and recommendation of the Board and the <br />effect of the proposed variance upon the health, safety and welfare of <br />the community, existing and anticipated traffic conditions, light and <br />air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. Before granting a variance, the <br />Council shall hear requests for variances from the literal provisions <br />instances where their strict enforcement would <br />ause undue hardship because of circumstances unique to the individual <br />proper y under consideration, and to grant such variances only when it <br />7 <br />>¥ <br />Kim > • . • S ■ <br />'-■l- : t. <br />L: ■..-.hr <br />J -r <br />s • '* ■ *. <br />is demc <br />intent <br />the gr <br />Th <br />va <br />Pr <br />Add new <br />Section <br />provisi <br />filed w <br />the Cou <br />Subdivi <br />order i; <br />propert <br />validi t <br />32 <br />Commiss <br />applica <br />hearing