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2000-05-02 P & Z Agenda
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2000-05-02 P & Z Agenda
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<br />and will not be detrimental or injurious to <br />property or improvements in the <br />neighborhood. <br /> <br />2. Strict interpretation or enforcement would <br />result in a practical difficulty or <br />unnecessary hardship that is not self <br />created, that is inconsistent with the intent <br />ofthis Ordinance and the Comprehensive <br />Plan. <br /> <br />3. There are exceptional or extraordinary <br />circumstances or conditions applicable to <br />the property, use or facilities that do not <br />apply generally to other properties in the <br />same district. <br />4. Strict or literal interpretation would deprive <br />the applicant ofthe use and enjoyment of <br />his property in a manner similar to others <br />in the same district. <br /> <br />5. Granting of the variance will not allow a <br />use which is otherwise not a permitted <br />use in the Zoning District in question. <br /> <br />F. A Variance granted but not used shall become void one (1) year after its <br />effective date. <br /> <br />G. No application for the same or essentially the same Variance shall be <br />made within six (6) months of the date of denial. <br /> <br />Section 190-030: Variance Appeal Procedures. <br /> <br />A. Within thirty (30) days of the action of the Board of Appeals and <br />Adjustments, the applicant or an affected property owner may file an <br />appeal to the City Council to the decision of the Board of Appeals and <br />Adjustments. The City Council shall set a date for a public hearing, <br />within forty-five (45) days of receipt of the appeal, to consider granting <br />or denying the variance request. <br /> <br />B. The City Council shall have the power and duty of hearing and <br />deciding appeals where it is alleged that there is an error in any order, <br />requirement, decision or determination made by the administrative <br />officer, enforcement officer, or by the Planning and Zoning <br />Commission in the administration or enforcement of this Ordinance. <br /> <br />Page 60 of 65 <br />
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