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Section 3. That existing Section 1171.04, Powers and Duties of the Board of Zoning Appeals, of the <br />Codified Ordinance of the City of Lakewood, now reading respectively as follows: <br /> <br />In addition to the duties conferred by Charter, the Board shall have the following duties: <br /> la) To review appeals from decisions of the Commissioner. <br /> (b) To review each application for a variance which does not qualify as a minor variance <br /> under subsection i173.04(b). <br /> (i) In reviewing such application, the Board shall determine whether the applicant can <br /> demonstrate that the literal enforcement of this Code will, in the case of an area <br /> variance, result in practical difficulty according to the criteria set forth in <br /> subsection 1173.04(c). <br /> (2) In the case of a variance to allow a use not permitted under this Code in the <br /> zoning district in which the property is located, the Board must find that the <br /> applicant has demonstrated that the literal enforcement of the Code will result in <br /> unnecessary hardship according to the criteda set forth in subsection 1173.04(d). <br /> (3) When granting a variance, the 8oard may prescribe any conditions or safeguards <br /> that it deems necessary to insure that the applicant will comply with the terms of <br /> the variance, and to preserve the spidt and intent of the Code. <br /> (c) The Board shall hold a public headng within thirty (30) days after receipt of an application <br /> for a variance or an appeal of a decision of the Commissioner. <br /> <br />shall be and the same is hereby amended to read as follows: <br /> <br />In addition to the duties conferred by Charter, the Board shall have the following duties: <br /> (a) To review appeals from decisions of the Commissioner. <br /> (b) To review each application for a vadance which does not qualify as a minor variance <br /> under subsection 1173.04(b). <br /> (1) In reviewing such application, the Board shall determine whether the applicant can <br /> demonstrate that the literal enforcement of this Code will, in the case of an area <br /> variance, result in practical difficulty according to the criteria set forth in <br /> subsection 1173.04(c). <br /> (2) When granting a variance, the Board may prescribe any conditions or safeguards <br /> that it deems necessary to insure that the applicant will comply with the terms of <br /> the variance, and to preserve the spirit and intent of the Code. <br /> (c) The Board shall hold a public headng within thirty (30) days after receipt of an applicaUon <br /> for a variance or an appeal of a decision of the Commissioner. <br /> <br />Section 4. It is found and determined that all formal actions of this Council concerning and relating <br />to the passage of this Ordinance were adopted in an open meeting of this Council, and that all such <br />deliberations of this Coundl and of any of its committees that resulted in such formal action were in <br />meetings open to the public in compliance with all legal requirements. <br /> <br />Adopted: <br /> <br />PresidenL <br /> <br />Clerk of Coun~ <br /> <br />Mayor <br /> <br />Page 2 of 2 <br /> <br /> <br />