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SECTION IX: VARIANCES <br />Any person desiring to erect or increase the height of any structure, <br />or permit the growth of any tree, or use his property not in accor- <br />dance with the regulations prescribed in the Ordinance may apply to <br />the Zoning Administrator who shall transmit the application to members <br />of the Board of Adjustment, hereinafter provided for, for a variance <br />from such regulations. If a person submits an application for a <br />variance by certified mail to the Zoning Administrator who transmits <br />it to the members of the Board and the Board fails to grant or deny <br />the variance within 60 calendar days after the last member receives <br />the application, the variance shall be deemed to be granted by the <br />Board. When the variance is granted by reason of the failure of the <br />Board to act on the variance, the person receiving the variance shall <br />notify the Board and the Commissioner of Transportation by certified <br />mail that the variance has been granted. The applicant shall include <br />a copy of the original application for the variance with this notice <br />to the Commissioner. The variance shall be effective 60 calendar days <br />after this notice is received by the Commissioner subject to any <br />action taken by the Commissioner pursuant to Section 360.063, Subdivi- <br />sion 6. Such variances shall be allowed where it is duly found that a <br />literal application or enforcement of the regulations would result in <br />practical difficulty or unnecessary hardship and relief granted would <br />not be contrary to the public interest but do substantial justice and <br />be in accordance with the spirit of this Ordinance provided any <br />variance so allowed may be subject to any reasonable conditions that <br />the Board of Adjustment or Commissioner may deem necessary to effec- <br />tuate the purpose of this Ordinance. <br />25 <br />