<div class="chunk-title">Sec. 30-93. - Variances.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               If the application calls for the granting of a major variance, and if the board of
               adjustment decides in favor of granting the variance, the board shall prepare a preliminary
               record of the hearing with all deliberate speed. The preliminary record of the hearing
               shall include:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The variance application;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The hearing notices;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The evidence presented;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               Motions, offers of proof, objections to evidence, and rulings on them;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               Proposed findings and exceptions;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               The proposed decision, including all conditions proposed to be added.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               The preliminary record shall be sent to the state environmental management commission
               for its review as follows:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               If the commission concludes from the preliminary record that the variance qualifies
               as a major variance and that: the property owner can secure no reasonable return from,
               nor make any practical use of the property unless the proposed variance is granted,
               and the variance, if granted, will not result in a serious threat to the water supply,
               then the commission shall approve the variance as proposed or approve the proposed
               variance with conditions and stipulations. The commission shall prepare a commission
               decision and send it to the board of adjustment. If the commission approves the variance
               as proposed, the board shall prepare a final decision granting the proposed variance.
               If the commission approves the variance with conditions and stipulations, the board
               shall prepare a final decision, including such conditions and stipulations, granting
               the proposed variance.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               If the commission concludes from the preliminary record that the variance qualifies
               as a major variance, and that the property owner can secure a reasonable return from
               or make a practical use of the property without the variance, or the variance, if
               granted, will result in a serious threat to the water supply, then the commission
               shall deny approval of the variance as proposed. The commission shall prepare a commission
               decision and send it to the board of adjustment. The board shall prepare a final decision
               denying the variance as proposed.
               </p>
            		
            <p class="historynote0">
               (Ord. of 8-21-2001, Â§ 403)
               </p></div>