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DRAFT DRAFT DRAFT <br /> 8/18/2011 <br /> (1) Interpretation. Hearing appeals where it is alleged that there is an error in a <br /> decision or judgment made by an administrative officer in the interpretation or <br /> enforcement of this chapter or in the interpretation of zoning district boundaries; and <br /> (2) Variances. Recommend variances from literal ordinance requirements in <br /> instances where strict enforcement would cause undue hardship or practical difficulties <br /> because of circumstances unique to the individual property under construction. <br /> (C) Variance procedures. <br /> (1) Applications provided by the city must be completed in writing prior to any <br /> consideration of variance petitions. Fees required by the city shall be paid at the time of <br /> application. <br /> (2) The Board of Appeals and Adjustments may require the applicant to <br /> provide copies of plans, maps, surveys and the like, as deemed necessary, to ensure <br /> proper review and consideration of variance petitions. <br /> (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 provi ions. <br /> (4) Upon the hearing request, the Board of Appeals and Adjustments shall <br /> either recommend approval or denial for the variance and shall state the reasons for the <br /> action. Conditions which are designed to mitigate the adverse impacts of the variance <br /> may be attached to any variance granted. <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 <br /> considers necessary to mitigate the adverse impacts of the variance. Violation of any <br /> such condition is a violation of this chapter. The Board of Appeals and City Council <br /> must find that the variance, if granted will conform with the "Standards" of this section. <br /> (6) A variance granted but not used shall become void one year after its <br /> effective date. <br /> (7) No application for the same or essentially the same variance shall be made <br /> within six months of the date of denial. <br /> I <br /> 18 <br />