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1 I <br /> I orders by the Hearing Examinerbeafd pursuant to this section and Sections 20.08.170 <br /> through 20.08.190 shall include a report giving findings of fact, conclusions, and its <br /> decision. <br /> Section 20. Section 10(b) of Ordinance No. 534-78 (EMC 20.08.170), is hereby <br /> amended to read as follows: <br /> Appeal procedure. <br /> A. Any person who desires to file an appeal pursuant to the provision set forth in this <br /> section and Sections 20.08.160, 20.08.180 and 20.08.190 shall file a written appeal to the <br /> Hearing Examiner, according the fee schedule for the appeal of an administrative <br /> detenninationsecretary of the board and a filing fee of ten dollars. The written appeal <br /> shall contain the following information: <br /> 1. The names of all appellants participating in the appeal; <br /> 2. A brief statement of the specific action protested, together with any material facts <br /> claimed to support the contentions of the appellant; <br /> 3. A brief statement of the relief sought, and the reason why it is claimed the protested <br /> action should be reversed, modified, or otherwise set aside; <br /> 4. The signatures of all parties named as appellants and their mailing addresses; <br /> 5. The verification (by declaration under penalty of perjury) of at least one appellant <br /> as to the truth of the matters stated in the appeal. <br /> B. The board shall fix a reasonable time for the hearing of the request for a variance, <br /> give due notice thereof to the appellants and general public, and decide the same within a <br /> reasonable time after the hearing. The final disposition by the board shall be in the form <br /> of an order, and copies thereof shall be sent to the administrator and appellants. <br /> Section 21. Section 10(c) of Ordinance No. 534-78 (EMC 20.08.180), is hereby <br /> amended to read as follows: <br /> Variance procedur• t : . . . : •. •• • • . . • . . <br /> A. No variance in the provisions or requirements of this chapter shall be authorized by <br /> the Hearing Exaininerbe unless he/shethe board finds that all of the following facts <br /> and conditions exist: <br /> 1. That there are exceptional or extraordinary circumstances or conditions applying to <br /> the appellant's property, or as to the intended use thereof, that do not apply generally to <br /> other properties in the same noise control district; <br /> 2. That such variance is necessary for the preservation and enjoyment of a substantial <br /> personal or property right of the appellant possessed by the owners of other properties in <br /> the same noise control district; <br /> 3. That the authorization of such variance does not endanger public health or safety of <br /> named persons in the same or adjacent noise control districts; <br /> 4. That the granting of such variance will not adversely affect the general policy and <br /> purpose of this act set forth in Section 20.08.010 of this chapter. <br /> 9`3 <br /> 9 <br />