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(d) <br />(e) <br />(0 <br />(g) <br />(h) <br />O) <br />g) <br /> <br /> (2) .. <br />(k) .. <br /> <br />shall be and the same is hereby amended to read as follows: <br /> <br />(a) <br />(b) <br />(c) <br /> <br />(i) <br /> <br />In the case of a use variance to allow a use not permitted under this <br />Code in the zoning district in which the property is located, the <br />Commission must find that the applicant has demonstrated that the <br />literal enforcement of the Code will result in unnecessary hardship <br />according to the criteria set forth in subsection 1173.04(d). <br /> <br />(d) <br />(e) <br />(f) <br />(g) <br />(h) <br />(J) <br />O) <br /> <br />(2) <br /> <br />When granting a use variance, the Commission may prescribe any <br />conditions or safeguards that it deems necessary to insure that the <br />applicant will comply with the terms of the variance, and to preserve <br />the spirit and intent of the ~ode. <br /> <br />ff the Commission disapproves an application for demolition of a <br />Landmark Property pursuant to the criteria set forth in Section 1133.09, <br />the Commission, or its designee, along with the Director, Commissioner <br />and other officials of the City, shall participate in negotiations with the <br />owner or owners of such Landmark ProperLy and any other interested <br />party in an effort to find a means of preserving the property as follows: <br /> <br />(i) <br /> <br />During the period of delay as set forth in Section 1133.09, the parties <br />shall undertake meaningful and continuing discussions for the purpose <br />of finding a method of saving such Landmark Property. The parties <br />shall also solicit comments and recommendations from the Lakewood <br />Heritage Advisor,/Board. <br /> <br />(k) <br /> <br />(2) <br /> <br />If the parties do not agree on a means of preserving the Landmark <br />Property within the period of delay as set forth in Section 1133.09, the <br />Architectural Board of Review, upon the expiration of such period, shall <br />grant permission with respect to the proposed demolition or removal, <br />and such permission shall immediately be communicated to the <br />Commissioner for the purpose of issuing a necessary permit. <br /> <br /> Section 17. That existing Section 1171.04 Board of Zoning Appeals - of the Codified <br />Ordinances of the City of Lakewood, which now reads as follows: <br /> <br />(a) <br />(b) <br /> <br />To review each application for a variance which does not qualify as a mfnor <br />variance under subsection 1173.04(b). <br />(i) ... <br /> <br />17 of 23 <br /> <br /> <br />