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(2) Administrative review. The board shall hear and decide appeals where it is alleged there is error <br />in any order, requirement, decision, or determination made by an administrative official in the <br />enforcement or administration of this subdivision. <br />(3) <br />Variances. The board may authorize upon appeal in specific cases such relief or variance from <br />the terms of this subdivision as will not be contrary to the public interest and only for those <br />circumstances such as hardship, practical difficulties or circumstances unique to the property <br />under consideration, as provided for in the respective enabling legislation for planning and zoning <br />for cities or counties. In the granting of such variance, the board of adjustment shall clearly identify <br />in writing the specific conditions that existed consistent with the criteria specified in the respective <br />enabling legislation that justified the granting of the variance. No variance shall have the effect of <br />allowing in any district uses prohibited in that district, permit a lower degree of flood protection <br />than the regulatory flood protection elevation for the particular area, or permit standards lower <br />than those required by state law. <br />(4) Hearings. Upon filing with the board of adjustment of an appeal from a decision of the zoning <br />administrator, or an application for a variance, the board shall fix a reasonable time for a hearing <br />and give due notice to the parties in interest as specified by law. The board shall submit by mail <br />to the commissioner of natural resources a copy of the application for proposed variances <br />sufficiently in advance so that the commissioner will receive at least ten days notice of the hearing. <br />Decisions. The board shall arrive at a decision on such appeal or variance within 60 days of the <br />adjournment of the public hearing. In passing upon an appeal, the board may, so long as such <br />action is in conformity with the provisions of this subdivision, reverse or affirm, wholly or in part, <br />or modify the order, requirement, decision or determination of the zoning administrator or other <br />public official. It shall make its decision in writing setting forth the findings of fact and the reasons <br />for its decisions. In granting a variance the board may prescribe appropriate conditions and <br />safeguards such as those specified in subsection (d)(6) of this section, which are in conformity <br />with the purposes of this subdivision. Violations of such conditions and safeguards, when made <br />a part of the terms under which the variance is granted, shall be deemed a violation of this <br />subdivision punishable under section 117-190. A copy of all decisions granting variances shall be <br />forwarded by mail to the commissioner of natural resources within ten days of such action. <br />(6) Appeals. Appeals from any decision of the board may be made, and as specified in section 117- <br />53 and in the Minnesota Statutes. <br />(5) <br />(7) <br />Flood insurance notice and recordkeeping. The zoning administrator shall notify the applicant for <br />a variance that: <br />a. The issuance of a variance to construct a structure below the base flood level will result in <br />increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 <br />of insurance coverage; and <br />b. Such construction below the 100 -year or regional flood level increases risks to life and <br />property. Such notification shall be maintained with a record of all variance actions. A <br />community shall maintain a record of all variance actions, including justification for their <br />issuance, and report such variances issued in its annual or biennial report submitted to the <br />administrator of the National Flood Insurance Program. <br />(d) Conditional uses. The processing of conditional use permit (CUP) applications shall follow the <br />procedure as outlined in section 117-51. Applications shall be submitted to the zoning administrator <br />who shall forward the application to the planning and zoning commission and the council for <br />consideration. <br />(1) Hearings. Upon filing with the zoning administrator an application for a CUP the zoning <br />administrator shall submit by mail to the commissioner of natural resources a copy of the <br />application for proposed conditional use sufficiently in advance so that the commissioner will <br />receive at least ten days notice of the hearing. <br />(2) Decisions. The council shall arrive at a decision on a CUP within 60 days of the adjournment of <br />the planning commission public hearing. In granting a CUP the council shall prescribe appropriate <br />Page 11 <br />