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1. Variances shall not be issued by a community within any designated <br /> regulatory floodway if any increase in flood levels during the base flood <br /> discharge would result. <br /> 2. Variances shall only be issued by a community upon(i) a showing of good <br /> and sufficient cause, (ii) a determination that failure to grant the variance <br /> would result in exceptional hardship to the applicant, and(iii) a <br /> determination that the granting of a variance will not result in increased <br /> flood heights, additional threats to public safety, extraordinary public <br /> expense, create nuisances, cause fraud on or victimization of the public, or <br /> conflict with existing local laws or ordinances. <br /> 3. Variances shall only be issued upon a determination that the variance is <br /> tYre minimuxn necessary, considering the flood hazard, to afford relief. <br /> (d) Hearings. Upon filing with the city council of an appeal from a decision of the <br /> planning director, or an application for a variance, the city council shall fix a <br /> reasonable time for a hearing and give due notice to the parties in interest as <br /> specified by law. The city council shall submit by mail to the commissioner of <br /> natural resources a copy of the application for proposed variances sufficiently in <br /> advance so that the commissioner will receive at least ten days notice of the <br /> hearing. <br /> (e) Decisions. The city council shall arrive at a decision on such appeal or variance <br /> within 60 days. In passing upon an appeal, the city council may, so long as such <br /> action is in conformity with the provisions of this article, reverse or affirm, <br /> wholly or in part, or modify the order, requirement, decision or determination of <br /> the planning director or other public official. It shall make its decision in writing <br /> setting forth the findings of fact and the reasons for its decisions. In granting a <br /> variance the city council may prescribe appropriate conditions and safeguards <br /> such as those specified in section 78-1135(6), which are in conformity with the <br /> purposes of this article. Violations of such conditions and safeguards,when made <br /> a part of the terms under which the variance is granted, shall be deemed a <br /> violation of this article punishable under section 78-1138. A copy of all decisions <br /> granting variances shall be forwarded by mail to the commissioner of natural <br /> resources within ten days of such action. <br /> (fl Appeals. Appeals from any decision of the city council may be made, and as <br /> specified in this community's official controls and also by Minnesota Statutes. <br /> (g) Flood insurance notice and record keeping. The planning director shall notify the <br /> applicant for a variance that: 1) The issuance of a variance to construct a structure <br /> below the base flood level will result in increased premium rates for flood <br /> insurance up to amounts as high as $25.00 for$100.00 of insurance coverage and <br /> 2) Such construction below the 100-year or regional flood level increases risks to <br /> life and property. Such notification shall be maintained with a record of all <br /> 157769v1 4 <br />