2008-06-03 P & Z - Laserfiche WebLink

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with these standards; in that event, the entire cost shall be borne by the owner or operator. This provision does not preclude the city from making any investigations and tests it fmds appropriate to determine compliance with these standards. ~~ 154.301 THROUGH 154.309 RESERVED FOR FUTURE EXPANSION. ~ 154.310 V ARIANCES.l_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ _ _ __ _ _ _ _ -- (A) Standards. The Planning and Zoning Commission shall recommend a variance and the Council shall order the issuance of the variance only if it conforms to the following standards: (1) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and do not result from the actions of the petitioner; (2) Literal interpretation of the provisions of this chapter would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this chapter; and (3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district; and (4) The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the city; and (5) Any person filing a petition requesting a variance or an amendment of the zoning chapter rezoning property or changing regulations within any use district shall pay a fee according to the schedule established by resolution of the City Council. The fee is payable at the time of filing a petition and is not refundable. (B) Board of Appeals and Acijustments. The Planning and Zoning Commission shall act as the Board of Appeals and Adjustments and shall have the power to hear and recommend requests for the following: (1) Interpretation. Hearing appeals where it is alleged that there is an error in a decision or judgment made by an administrative officer in the interpretation or enforcement of this chapter or in the interpretation of zoning district boundaries; and (2) Variances. Recommend variances from literal ordinance requirements in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under construction. 68 Comment: This section needs significant change. Recel1tC!lurt rulings have disallowed our City's use of Conditional Use PermitS 101" limited periods of time . Judicial iriterpretation is that all conditional uses, by law, must run with 1he land until1he condition no longer exists. Therefure 1he City must adopt a new "lnterium" Use standard for limited periods or limited purposes. This needs full attention by 1he P&Z. P.S. KG needs a copy of the City's Variance / CUP applicatiol1.