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o <br /> <br />10. <br /> <br />11. <br /> <br />12. <br /> <br />At any time during the consideration of the request for a variance, the <br />Council, Boar, d of Adjustment, and/or City Staff shall have the <br />authority to r~quest additional information from the applicant or to <br />retain expert testimony with the consent and at the expense of the <br />applicant, the information is to be declared necessary to establish <br />performance conditions in relation to all pertinent sections of this <br />Chapter. Failure on the part of the applicant to supply all necessary <br />supportive infOrmation shall be grounds for denial of the request or <br />rejection of the application as incomplete. - <br /> <br />The applicant or the applican)t's representative shall appear at the <br />Board of Adjustment public hearing in order to answer questions <br />concerning the request for a variance~ <br /> <br />After receiving the reports and recommendationg of the City Staff and, <br />receiving any additional information refereed to in this subdivision, <br />and' considering the criteria listed in this Sect. ion, the Board of <br />Adjustment shall with a majority vote decide whether to approve or <br />deny a request for variance. <br /> <br />(a) <br /> <br />To approve, the Board of Adjustment must adopt by resolution <br />findings of fact and conclusions that support approval of the <br />requested variance and by resolution authorize the issuance of a <br />variance. The resolution should list any condition or conditions <br />that the Board of Adjustment considers necessary to insure <br />compliance and to protect adjacent properties. <br /> <br />(b) <br /> <br />Tc;'-deny, the Board of Adjustment must adopt by resolution <br />findings of fact and conclusions that support denial of the <br />requested variance and by motion deny the issuance of a <br />variance. This motion shall be the Board of Adjustment's final <br />action on the request for a variance. <br /> <br />In accordance with §9.22.09 of the City Code a copy of all decisions <br />granting variances for properties in the Floodway or Flood Fringe shall <br />be forwarded to the Commissioner of Natural Resources within ten <br />(10) days of such action. <br /> <br />Whenever an application for a variance has been considered and <br />denied by the Board of Adjustment, a similar application for a variance <br />affecting substantially the same parcel or parcels shall not be <br />considered again by the Board of Adjustment for at least one (1) year <br />from the date of its denial. The Board of Adjustment may permit the <br />submittal of a new request for a variance within one (1) year of denial <br />if it finds that the new request or circumstances surrounding the new <br />request have changed significantly. <br /> <br />If a request for variance receives approval of the Board of Adjustment, <br />at the applicant's expense, City Staff shall record such with the Anoka <br /> <br />31 <br /> <br />-145- <br /> <br /> <br />