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-----~--- ---- - - ------------------ ------------------------ --- ----------- (O.t~-oCT 1013.02: VARIANCES: the Board, the applicant may proceed as provided in subsection B of this Section and the original fee shall be applied to the fee as required for a variance. A. Hardship: Where there are practical difficulties or unusual hardships in the way of carrying out the strict letter ,of the provisions of this Code, the, City CounciJ shall have the power, In a specific case and after notice and public hearings, to vary any such provision in harmony with the general purpose and intent thereof and may impose such additional conditions as it considers necessary so that the public health, safety and general we/- fare may be secured and substantia/ justice done. (Ord. 275, 5-12-1959) 1. A "minor variance" is a variance to the front, side or rear yard setbacks in either A-1 or A-2 Districts to the non motorized pathway requirements of Section 1012.07 of this Title or to the driveway width restrictions in sub- section 703.04B of this Code. B. Procedure For Variances: Any owner of land may file an application for a variance by paying the fee set forth in Section 1014.03 of this Title, providing a completed application and support- ing documents as set forth in the standard Community Development Department application form, and by providing the City with an abstractor's certified property certificate showing the property owners within three hun- dred fifty feet (350') of the outer boundaries of the parcel of land on which the variance is requested. The application shall then be heard by the Planning Commission upon the same published notice, mailing notice and hearing procedure as set forth in Chapter 108 of this Code. The matter shall be sent to the City Council for a decision at the next available meeting without a public hearing. 2. The Minor Variance Board shall be composed of the Chief Code Enforce- ment Officer, the Community Develop- ment Director (or designee), the Pub- lic Works Director (or designee), and the City Manager (or designee). 3. Before the Minor Variance Board may consider such minor variance application, the applicant shall secure and present written statements from owners of property contiguous to the affected yard for which the variance is requested, specifically noting whether there is objection and consenting or dissenting to such minor variance. The Board shall determine the ade- quacy and accuracy of the names and addresses of such property owners. C. Procedure For Minor Variance: An owner of land may file an application for a minor variance as defined in subsection 1 below by paying the fee set forth in Section 1014.03 of this Title. The application shall then be referred to the Minor Variance Board as set forth in subsection 2 of this Section. In the event that the Board unanimously approves said variance, the variance may be granted by the City Council. In the event the applica- tion is not unanimously approved by 4. The Minor Variance Board shall schedule an administrative hearing, the time and place for which shall be set by the City Manager. The appli- cant and contiguous property owners to the affected yard shall be notified of such time and place in writing not less than five (5) days prior to such hear- ing. The City Manager may inform additional property owners as the City Manager may feel merit an interest in the proceedings.