2009-01-28 Agenda Packet CC - Laserfiche WebLink

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(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. (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 find 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) Because of the particular physical surroundings, shape or topographical conditions of the parcel or lot, the proposed variance would relieve and undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced; 65