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inconvenience of meeting the requirements of these regulations does not <br />constitute an exceptional hardship to the applicant. <br />C. A determination that the granting of a variance will not result in increased flood <br />heights beyond that which is allowed in these regulations; additional threats to <br />public safety; extraordinary public expense, nuisances, fraud on or victimization <br />of the public, or conflict with existing local laws. <br />D. A determination that the structure or other development is protected by methods <br />to minimize flood damages. <br />E. A detenninafion that the variance is the minunum necessary, considering the <br />flood hazard, to afford relief. <br />Upon consideration of the above factors and the purposes of these regulations, the <br />Appeals Board may attach such conditions to the granting of variances, as it deems <br />necessary to further the purposes of these regulations. <br />4. Other Conditions for Variances <br />A. Variances shall not be issued within any designated floodway if any increase in <br />flood levels during the base flood discharge would result. <br />B. Generally, variances may be issued for new construction and substantial <br />improvements to be erected on a lot of one-half acre or less in size contiguous to <br />and surrounded by lots with existing structures constructed below the base flood <br />level, providing items in Section 1308.24(d)(2)(A) to (K) have been fully <br />considered. As the lot size increases beyond one-half acre, the technical <br />justification required for issuing the variance increases. <br />C. Any applicant to whom a variance is granted shall be given written notice that the <br />structure will be pernutted to be built with a lowest floor elevation below the base <br />flood elevation and the cost of flood insurance will be commensurate with the <br />increased risk resulting from the reduced lowest floor elevation. <br />5. Procedure at Hearings <br />A. All tesfimony shall be given under oath. <br />B. A complete record of the proceedings shall be kept, except confidential <br />deliberations of the Boazd, but including all documents presented and a verbatim <br />record of the testimony of all witnesses. <br />C. The applicant shall proceed first to present evidence and testimony in support of <br />the appeal or variance. <br />D. The administrator may present evidence or testimony in opposition to the appeal <br />or variance. <br />E. All witnesses shall be subject to cross-examination by the adverse party or their <br />counsel. <br />F. Evidence that is not admitted may be proffered and shall become part of the <br />record for appeal. <br />G. The Board shall issue subpoenas upon written request for the attendance of <br />witnesses. A reasonable deposit to cover the cost of issuance and service shall be <br />collected in advance. <br />32 <br />