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2002-04-02 P &Z Agenda
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2002-04-02 P &Z Agenda
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<br />5 Amended; <br />4 Amended: 2119/02 <br />3 Amended: 9/4/01 <br />2 Amended: 8n/Ol <br />1 Amended: 1/30/0 I <br />Effective 9/5/00 <br />City ofCenlerviUe Ord. #4 <br />of the hearing, and notice shall be mailed to each property owner within three <br />hundred fifty (350) feet of the property to which the Variance relates. Defects in the <br />notice or failure to notify individual property owners shall not validate the <br />proceedings, provided a good faith effort was made to comply with these provisions. <br /> <br />D. Upon the hearing request, the Board of Appeals and Adjustments shall either <br />recommend approval or denial for the Variance and shall state the reasons for said <br />action. Conditions for approval may be attached to any Variance granted. <br /> <br />E. Upon receipt of the recommendations of the Commission, the Council shall hold <br />whatever hearings it deems advisable and shall make its decision upon the request <br />to grant the variance. In granting the Variance the Council may impose conditions <br />which it considers necessary to meet the standards of this ordinance and to protect <br />the best interests of the surrounding area and the city as a whole. Violation of any <br />such condition is a violation of this Ordinance. The Board of Appeals and City <br />Council must find true the following, in the granting of a Variance from this <br />Ordinance: <br /> <br />1. Granting a Variance will not adversely affect the public health, <br />welfare and safety and will not be detrimental or <br />injurious to property or improvements in the neighborhood; and <br /> <br />2. Strict interpretation or enforcement would result in a practical <br />difficulty or unnecessary hardship that is not self created, that <br />is inconsistent with the intent of this Ordinance and the <br />Comprehensive Plan; and <br /> <br />3. There are exceptional or extraordinary circumstances or <br />conditions applicable to the property, use or facilities that do <br />not apply generally to other properties in the same district; and <br /> <br />4. There are exceptional or extraordinary circumstances or <br />conditions applicable to the property, use or facilities that do <br />not apply generally to other properties in the same district; and <br /> <br />5. Strict or literal interpretation would deprive the applicant of the <br />use and enjoyment of his property in a manner similar to others <br />in the same district; and <br /> <br />6. Granting of the variance will not allow a <br />use which is otherwise not a permitted use in the Zoning <br />District in question. <br /> <br />F. A Variance granted but not used shall become void one (1) year after its effective date. <br />Page 63 of 68 <br />
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