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1999-05-12
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1999-05-12
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Subdivision 6.10 Action By The Planning Commission: <br /> An application for a variance may be filed by the owner of <br /> the affected property at any time. Application for a variance <br /> shall be made to the Planning Commission on a form prescribed <br /> by the commission and accompanied by such other information as <br /> may be required by the commission. The Planning Commission may <br /> hold a public hearing on the application no later than forty - <br /> five (45) days after the filing of the application. Notice <br /> of the hearing shall be mailed not less than ten (10) days <br /> before the date of the hearing to each person who filed the <br /> request and to each owner of property situated wholly or <br /> partly within three hundred fifty (350) feet of the property <br /> to which the variance relates insofar as the names and <br /> addresses of such owners can be determined by the Clerk from <br /> records available to the public. Within a reasonable time <br /> after the hearing,__the. commission shall make its decision <br /> on the request and make such recommendations on the request <br /> to the council as it deems advisable. <br /> Subdivision 6.20 Dicision by The Council: Upon receipt:, <br /> of the recommendations of the commission, the council shall <br /> hold whatever hearings it deems advisable and shall make its <br /> decision upon the request to grant the variance. In granting <br /> the variance the council may impose conditions which it considers <br /> necessary to meet '. the standards of this ordinance and to protect <br /> the best interests of the surrounding area and the city as a <br /> whole. Violation of any such condition is a violation of this <br /> ordinance. <br /> Subdivision 6.30 Standards: The Planning Commission <br /> shall recommend a variance and the council shall order the <br /> issuance of such variance only if it conforms to the following <br /> standards: <br /> a) Special conditions and circumstances exist <br /> which are peculiar to the land, structure, <br /> or building involved and do not result from <br /> the actions of the petitioner; <br /> b) Literal interpretation of the provisions of <br /> this ordinance would deprive the petitioner <br /> of rights commonly enjoyed by other properties <br /> in the same district under the terms of this <br /> ordinance; <br /> c) Granting the variance requested will not <br /> confer on the applicant any special privilege <br /> that is denied by this ordinance to other <br /> lands, structures, or buildings in the same <br /> district; <br /> d) The proposed variance will not unreasonably <br /> diminish or impair established property values <br /> within the surrounding area or in any other <br /> respect impair the public health, safety, or <br /> welfare of the residents of the city. <br /> SECTION VII. <br /> This ordinance shall take effect and be in force from and <br /> after its passage and publication according to law. <br /> Passed by the City Council his 25th day of September 1985. <br /> MAYOR <br /> ATTEST: <br /> CLbRK <br />
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