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(3) After Sling 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 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 jmoacts of the variance <br /> jnay be attached to any variance granted --------------------------------- --- ---- ----- ------ ----- - - ---- - ndetad: ror.ppmvsl <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 owe: usen the ,tarnhuds of this <br /> considers necessary to mitigate the adverse impacts of the variancq, Violation of any chapter am to praect d- ben lateness of <br /> such condition is a violation of this chapter. The Board of Appeals and City Council whol kmdmg a t0 and he cit as a <br /> must find that the variance, if granted will conform with the "Standards" of this section. per; me the following, in the <br /> granting of a variance from this chapter I <br /> (e) Granting s variance will not <br /> (6) A variance granted but not used shall become void one year after its edvtneq affect the public neaten, welfare <br /> effective date. and safety and will not be detrimental or <br /> injurious to property or improvements in <br /> the ne4hborhood:1 <br /> (7) No application for the same or essentially the same variance shall be made <br /> within six months of the date of denial. physical swoding at of the pa shape p or <br /> topographical conditions of th <br /> parcel or <br /> lot, the proposed variance would relieve <br /> ad undue hardship, as distinguished <br /> from a roue inconvenience, should the <br /> applicable ordinance he strictly enfo <br /> I <br /> .. (c) The purpose of the propos <br /> variance is rot based exclusively upon a <br /> desire to increase the value or income <br /> pokntial of the parcel of land, but would <br /> correct extraordinsry circumstances <br /> Applicable to this property, but not <br /> opplicable to other property in the <br /> vicinity or zoning diatrict,J <br /> 1 <br /> (d) The alleged difficulty or <br /> hardship is caused by the applicable city <br /> ordinance and has not been caused by <br /> anyone presently having an interest in the <br /> parcel of IarxIJ <br /> 1 <br /> .. (e) Strict or interpretation <br /> would deprive the applicant of the use <br /> and enjoyment of his or her property in a <br /> manner similerto others in the same <br /> district; and9 <br /> (t) Granting of the variance will <br /> not allow a use which is otherwise not a <br /> permitted use in the zoning district in <br /> question and would nest alter the esseatul <br /> ebameter of ft district in which the <br /> property is located. <br /> 22 <br />