Agenda - Council - 07/08/2003 - Laserfiche WebLink

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and considering the criteria listed in this Section, the Board of Adjustment shall with a majority vote decide whether to approve or deny a request for variance. (a) To approve, the Board of Adjustment must adopt by resolution findings of fact and conclusions that support approval of the requested variance and by resolution authorize the issuance of a variance, The resolution should list any condition or conditions that the Board of Adjustment considers necessary to insure compliance and to protect adjacent properties. (b) To deny, the Board of Adjustment must adopt by resolution findings of fact and conclusions that support denial of the requested variance and by resolution motion deny the issuance of a m:,nor variance. This rese!ut:.on motion shall be the Board of Adjustment's final action on the request for a variance. In accordance with §9.22.09 of the City Code a copy of all decisions granting variances for properties in the Floodway or Flood Fringe shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. 10. Whenever an application for a variance has been considered and denied by the Board of Adjustment, a similar application for a variance affecting substantially the same pamel or parcels shall not be considered again by the Board of Adjustment for at least one (1) year from the date of its denial. The Board of Adjustment may permit the submittal of a new request for a variance within one (1) year of denial if it finds that the new request or circumstances surrounding the new request have changed significantly. If a request for variance receives approval of the Board of Adjustment, at the applicant's expense, ,h,..~ .... ~vv.,~,,,~: .... City staff shall record such with the Anoka C6unty Recorder's Office no sooner than ten (10) days following the final action of the Board of Adjustment. 2-,~,,e ap?!~cant, .............. ~ upon record:rig zuch, or aa aocn az rca:cnably pcssfble, Subd. 5. Lapse of Variance. Unless otherwise specified by the i3oard of Adjustment at the time it is authorized, a variance, shall become null and void w/thin one '('1) year after the final action of the Board of Adjustment if not initiated or utilized. The City shall notify the variance holder of such a lapse of variance at time of issuance. A variance holder may petition for an extension of time in which to complete or utilize the variance. Such extension shall be requested in writing and filed with the City at least thirty (30) days before the expiration 9.03 - Administration 9-45 March '03 Draft