Laserfiche WebLink
(3) After filing an application, the Administrator shall set a date for a public <br /> hearing. Notice of the hearing shall be posted and published at least ten days prior to the <br /> date of the hearing, and notice shall be mailed to each property owner within 350 feet of <br /> the property to which the variance relates. Defects in the notice or failure to notify <br /> individual property owners shall not invalidate the proceedings, provided a good faith <br /> effort was made to comply with these provisions. <br /> (4) Upon the hearing request, the Board of Appeals and Adjustrnents shall <br /> � either recommend approval or denial for the variance and shall state the reasons for the <br /> I action. Conditions which are desi¢ned to miti�ate the adverse impacts of the variance <br /> �na� be_attached to any variance_granted. ____ „_.-- oe�etea forapproval <br /> (5) Upon receipt of the recommendations of the Commission, the Council shall <br /> hold whatever hearings it deems advisable and shall make its decision upon the request to <br /> grant the variance. In granting the variance the Council may impose conditions which it ,�� meet the standerds of this <br /> � considers necessary to mitigate the adverse im�acts of the variancG,___Violation_of any .,--' �t��«�acoproc�ccnon�sc�nc��of <br /> such condition is a violation of this chapter. The Board of Appeals and City Council �$�O°°a�°g area e°d tlie city as a <br /> must find that the variance, if eranted will conform with the "Standards" of this section <br /> who e <br /> ,. - Deleted: hue t6e following, in the <br /> �------------�------ ---------------------------------------------�------------------ �"� granlingofavariancefromthischapter.� <br /> � <br /> 6 A VaflclriCe (a) _ Granting a variance will not <br /> () granted but not used shall become void one year after its adversely affect the public health, welfare <br /> effective date. ana safaty ana will not be aeu;mental or <br /> injurious to property or improvements in <br /> the neighborhood;¶ <br /> (7) No application for the same or essentially the same variance shall be made ¶ <br /> (b) Because of the pardcular <br /> within six months of the date of denial. PnyS��i S,uro,�a;n� shape or <br /> topo�aphical conditlons of the pazcel or <br /> lot, the proposed variance would relieve <br /> and undue hardship, as distinguished <br /> &om a mere inconvenience, should the <br /> applicable ordinance be strictly enforoed;¶ <br /> � <br /> _-.(c) _ T'Le pwpose of the pmposed <br /> variance is not based exclusively upon a <br /> desire to increase the value or income <br /> potential of the parcel of land, but would <br /> comc[ extraordinary circwactances <br /> applicable to Uus property, but �t <br /> applicable to other property in the <br /> vicinity or zoning distcict;¶ <br /> � <br /> (d) _ The alleged difficulty or <br /> hardship is caused by tt�e applicable city <br /> ordina�e and has not been caused by <br /> anyorn presently having an interest in tlre <br /> parcel of land;¶ <br /> 9 <br /> (e) _ Strict or literel inteipretation <br /> would deprive the applicant of the use <br /> and enjoyment of his or her property in a <br /> manner similar to athers in the same <br /> district; and¶ <br /> � <br /> --.(� _ Granting of the variance will <br /> not ellow a use which is othe:wise not a <br /> pernutted use in the zoning dishict in <br /> question and would uot alter the essentia( <br /> cheracter of tl� district in which the <br /> property is locaud. <br />