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2011-08-24 CC Packet
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2011-08-24 CC Packet
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§ 156.310 VARIANCES. <br /> (A) Standards. The Planning and Zoning Commission shall recommend a variance <br /> and the Council shall order the issuance of the variance only if it conforms to the <br /> following standards: <br /> (1) The variance is in harmony with the nurposes and intent of the zoning <br /> chapter of this coda - Deleted: special conditions end <br /> - - - - <br /> -- -------- <br /> circumstances mist which are pecdierto <br /> the land, seuatre or budding involved <br /> (2) The variance is consistent with the comprehensive olaq; and and do„ot result from the actions ofthe <br /> priaiorcr <br /> (3) The proposal outs the property to use in a reasonable manner, and Deleted: Literal interpretation of the <br /> __.- _--- __- -_ -..- provisions ofthis chapter would deprive <br /> the petitioner crowns commonly enjoyed <br /> (4) There are unique circumstances to the pronertv not created by the by other properties in the same district <br /> landowner and under the terms ofthis chap``` <br /> _...- . -_.._- ......... _._ _.. _.... - _--- _ ........... . .._.. _- -._ - -_ __.. -_ - -. _ Deleted: Granting the variance <br /> requested vnll not confer on the applicant <br /> (5) The variance if granted, will not alter the essential character of the locality; any special privilege that is denied by this <br /> chapter to other lends, saucnues or <br /> and buildings in the same district <br /> e .-- ------------------ .. Deleted: The proposed variance vvU <br /> ( ) Any person Sling 8_petition requesting a variance or an_ amendment Of the _', not impair an adequate supply of light <br /> and air m adjacent property, or <br /> caning chapter rezoning property or changing regulations within any use district shall pay `;'., unreasonabl diminish or impair <br /> a fee according to the schedule established by resolution or ordinance of the City `, esiabllsbod property values within the <br /> Council. The fee is payable at the time of filing a petition and is not refundable. sr'"mmamg area, or in any other reaped <br /> impair the public heahh, safety, or <br /> wel6re ofthe residents ofthe city <br /> (B) Board ofAppeals and Adjustments. The Planning and Zoning Commission shall ;' Delatea:l <br /> act as the Board of Appeals and Adjustments and shall have the power to hear and t Deleted: d <br /> recommend requests for the following: <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 - .- -- Deleted: forvariarcesareestabltshad <br /> applic ation. -- by resolution of the city Council <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 /> 21 <br />
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