2008-06-03 P & Z - Laserfiche WebLink

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(C) Variance procedures. (1) Applications provided by the city must be completed in writing prior to any consideration of variance petitions. Fees for variances are established by resolution of the City Council. (2) The Board of Appeals and Adjustments may require the applicant to provide copies of plans, maps, surveys and the like, as deemed necessary, to ensure proper review and consideration of variance petitions. (3) After filing an application, the Administrator shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten days prior to the date of the hearing, and notice shall be mailed to each property owner within 350 feet of the property to which the variance relates. Defects in the notice or failure to notify individual property owners shall not invalidate the proceedings, provided a good faith effort was made to comply with these provisions. (4) Upon the hearing request, the Board of Appeals and Adjustments shall either recommend approval or denial for the variance and shall state the reasons for the action. Conditions for approval may be attached to any variance granted. (5) Upon receipt of the recommendations of the Commission, the Council shall hold whatever hearings it deems advisable and shall make its decision upon the request to grant the variance. In granting the variance the Council may impose conditions which it considers necessary to meet the standards of this chapter and to protect the best interests of the surrounding area and the city as a whole. Violation of any such condition is a violation of this chapter. The Board of Appeals and City Council must fmd true the following, in the granting of a variance from this chapter: (a) Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood; (b) Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship that is not self created, that is inconsistent with the intent of this chapter and the comprehensive plan; (c) There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district; (d) Strict or literal interpretation would deprive the applicant of the use and enjoyment of his or her property in a manner similar to others in the same district; and (e) Granting of the variance will not allow a use which is otherwise not a 69