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Section 4: Rules of Evidence. The Board will not observe formal rules of evidence <br />during variance hearings, but may consider any matter which the Chair concludes is <br />reasonably reliable and calculated to aid the Board in reaching an accurate <br />determination of the issue involved. Rulings on questions of the admissibility of <br />evidence and exhibits will be made by the Chair and will stand unless objected to by a <br />member of the Board, in which event the questions of admissibility will be decided by a <br />majority of the members of the Board present. Exhibits shall be marked and identified <br />for the record before offering them to the Chair for admission into the record of the <br />hearing. <br />The Chair may limit testimony or questioning that is repetitive, cumulative, <br />argumentative, or not pertinent to the issue, and may set a time limit on the duration of <br />the testimony if the Chair determines it to be necessary because of the number of <br />persons seeking to testify. <br />Section 5: Board Questions. Board members may ask questions of any witness but <br />shall refrain from entering into any argument or debate with any witness. <br />Section 6: Applicable Standards. In determining whether to grant or deny the <br />variance, the Board shall consider whether practical difficulties or unnecessary <br />hardships exist in the way of carrying out the strict letter of Title 17 of the Louisville <br />Municipal Code. The Board may grant the variance if the spirit of Title 17 of the <br />Louisville Municipal Code is observed, public safety and welfare are secured, <br />substantial justice is done, and the Board makes the findings required by Section 1 of <br />this Article VIII. The burden will be on the Applicant to establish that the requirements <br />for granting a variance are met. <br />Section 7: Decisions of the Board. Following the conclusion of a variance hearing, the <br />Board may render its decision immediately or take the matter under advisement for <br />further deliberations. Each decision of the Board shall be in writing and copies thereof <br />shall be provided to the Applicant and to any other person requesting a copy. <br />Section 8: Continuance. Whenever, in the opinion of the Board, a hearing cannot be <br />completed in a reasonable hour on the original hearing date, the Board may continue <br />the hearing to a later date. <br />Section 9: Rehearing. The Board may rehear a previously granted or denied variance <br />application and may modify its decision thereon only if: <br />A. The hearing is conducted and the decision modified at a time prior to the <br />date an appeal of the initial decision must be perfected pursuant to C.R.C.P. 1 06(a)(4); <br />and, <br />B. There has been a substantial change in the facts or law subsequent to the <br />initial hearing. <br />