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17-16 specifying the reasons for the appeal. The official flood elevations or profiles are available to the whose decision is in question shall transmit to the board, other available evidence may be examined. board all. the papers constituting the record (b) In all cases, the person contesting the location concerning the matter appealed. of the district boundary shall be given a reasonable (4) NOTICE AND HEARING FOR APPEALS opportunity to present arguments and technical INCLUDING VARIANCES. The board shall: evidence to the board of adjustment. (a) Fix a reasonable time for the hearing; (c) Where it is determined that the district (b) Publish adequate notice pursuant to boundary is incorrectly mapped, the board should Wisconsin Statutes, specifying the date, time, place inform the Committee or the person contesting the and subject of the hearing; location of the boundary to petition the county (c) Assure. that notice shall be mailed to the board for a map amendment according to subchap. parties in interest and the district office of the VII. `- Department at least 10 days in advance of the (8) VARIANCE. The Board of Adjustment may, hearing. upon appeal, grant a variance from the (5) HEARING. Any party may appear in person dimensional standards of this ordinance where an or by agent or attorney. The board shall: applicant convincingly demonstrates that: (a) . Resolve boundary disputes according to (a) Literal enforcement of the provisions of the sub.(7); ordinance will result in practical difficulty or (b) :Decide variance applications according to unnecessary hardship on the applicant; sub.(8); (b) The hardship is due to adoption of the (c) Decide appeals of permit denials according to floodplain ordinance and special conditions s. 17.64. unique to the property; not common to a group of (6) DECISION. The final decision regarding the adjacent lots or premises (in such case the appeal or variance application shall: ordinance or map must be amended); (a) Be made within a reasonable time; (c) Such variance is not contrary to the public (b) Be sent to the district office of the Department interest; within 10 days of the decision; (d) Such variance is consistent with the purpose (c) Be a written determination signed by the of this ordinance in s. 17.03. chairman or secretary of the board; (9) A variance shall not: (d) State the specific facts which are the basis for (a) Grant, extend or increase any use prohibited the Board's decision; in the zoning district; (e) Either affirm, reverse, vary or modify the (b) Be granted for a hardship based solely on an order, requirement, decision or determination economic gain or loss; appealed, in whole or in part, dismiss the appeal (c) Be granted for a hardship which is for lack of jurisdiction or grant or deny the self-created; application for a variance; (d) Damage the rights or property values of other (g) Include the reasons or justifications for persons in the area; granting an appeal, with a description of the (e) Permit a lower degree of flood protection in hardship or practical difficulty demonstrated by the the floodplain than the flood protection elevation; applicant in the case of a variance, clearly stated in (f) Allow any floor of a basement or crawlway the recorded minutes of the board proceedings. below the regional flood elevation for residential (7) BOUNDARY DISPUTES. The following or commercial structures; procedure shall be used by the board of adjustment (g) Allow actions without the amendments to this in hearing disputes concerning the district ordinance or map(s) required in s. 17.71. boundaries shown on the official floodplain zoning (h) Allow any alteration of an historic structure, _ r map: including its use, which would preclude its. (a) Where a floodplain district boundary is continued designation as an historic structure." established by approximate or detailed floodplain (10) When a variance is granted in a floodplain studies, the regional flood elevations or profiles for area the Board shall notify the applicant in writing the point in question shall be the governing factor that increased flood insurance premiums and risks in locating the district boundary. If no regional to life and property may result. A copy of this 24 Annotation: Rev. federal rule Oct. 1990. rev. 043095