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8 <br /> <br />9. Any person aggrieved by a decision of the Board of County Commissioners may file an <br />appeal to the district court in the manner provided in NDCC 28-34-01. <br />(c) Findings Required. <br />1. Every decision of the Board of County Commissioners pertaining to a letter of appeal shall <br />be based upon findings of fact and every finding of fact shall be supported in the record of <br />its proceedings. <br />Section 2.05 Variance <br />(a) Certain circumstances may exist or arise wherein an unnecessary hardship is created <br />through strict adherence to the provisions of this Ordinance. Hereinafter are provisions <br />for the granting of a variance to adjust the application or enforcement of any provision of <br />this Ordinance, so that the public welfare is secured, and substantial justice can be done <br />to those so affected. <br />(b) Application and Procedure. <br />1. An application for a variance shall be made on a form provided by the County Planner. <br />Requests for more than one variance for the same project on the same property may be <br />filed on a single application and charged a single fee. <br />2. The completed application and fee as set by the Board of County Commissioners shall be <br />submitted to the County Planner. <br />3. No part of any such fee shall be refundable after an application is filed and such fee paid. <br />4. An application is not considered complete until such fee has been paid. <br />5. After acceptance by the County Planner, the completed application shall be transmitted to <br />the Planning Commission and the Board of County Commissioners. <br />6. The County Planner shall set a Planning Commission hearing date, publish notice thereof as <br />provided for in this Ordinance, and notify all parties of interest. Public notice of the hearing <br />shall be placed in the official County newspaper and any newspaper of general circulation in <br />the County at the discretion of the County Planner or the Planning Commission for two <br />successive weeks prior to the date of the hearing. <br />7. Written notice shall be mailed to all property owners with property within 5280 feet of the <br />subject property at least 15 days prior to the said hearing. Where the subject property abuts <br />a right-of-way, the 5280-foot measurement shall be in addition to this right-of-way along <br />the abutting side. <br />8. The Planning Commission shall conduct a public hearing on the variance application. At that <br />hearing, the Commission shall review the particular facts and circumstances of the situation <br />and develop findings and conclusions. <br />9. When considering a variance application, the Planning Commission may recommend such <br />conditions as are, in its judgment, necessary to promote the general provisions of this <br />Ordinance. <br />10. The Planning Commission shall make a decision by motion. It shall take the affirmative vote <br />of a majority of the Planning Commissioners present to recommend approval of a variance. <br />An affirmative vote by the Planning Commission shall mean that the Planning Commission <br />recommends the Board of County Commissioners approve the requested variance. Any