P & Z - 12-06-05 - Laserfiche WebLink

Home Browse Search

(I) 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 andA4Justments. The PIapning and Zoning Commission ~hall act as the Board of Appeals and Adjustments and shall have the power to hear and recommend requests for the following: (I) 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. (I) 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 10 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 validate 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. 60