pf_03047 - Laserfiche WebLink

Home

1013.02: VARIANCES: 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 Council 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 welfare may be secured and substantial justice done. (Ord. 275,5-12-1959) 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 supporting 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 hundred 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. C. Procedure For Minor Variance: An owner ofland 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 application is not unanimously approved by 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. 1. A "minor variance" is a variance to the front, side or rear yard setbacks in either R-1 or R-2 Districts to the nonmotorized pathway requirements of Section 1012.07 of this Title or to the driveway width restrictions in subsection 703.04B of this Code. 2. The Minor Variance Board shall be composed of the Chief Code Enforcement Officer, the Community Development Director (or designee), the Public 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 adequacy and accuracy of the names and addresses of such property owners. 4. The Minor Variance Board shall schedule an administrative hearing, the time and place for which shall be set by the City Manager. The applicant 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 hearing. The City Manager may inform additional property owners as the City Manager may feel merit an interest in the proceedings. 5. The Minor Variance Board may recommend approval of a minor variance to the driveway width restrictions of subsection 703.04B of this Code when, in the judgment of the Minor Variance Board, one or more of the following conditions exist relative to the driveway: a. Unsafe conditions due to motor vehicle speed or volume on or the site distance from the adjacent roadway. b. An unusually short distance from the roadway to the garage or other circumstances that prevent normal maneuvering of motor vehicles within the subsection 703.04B, of this Code, width restrictions. c. The existing nonconforming driveway provides unique structural support to adjacent lands or facilities. d. Other unusual conditions that would result in extreme hardship absent the requested minor variance. (Ord. 1176, 11-25-1996) 1012.02: REQUIRED YARDS AND OPEN SPACE: A. Reduction Of Space Below Minimum Requirement Forbidden: No lot, yard or other open space shall be reduced in area or dimension so as to make such lot, yard or open space less than the minimum required by this Title, and if the existing lot, yard or other open space as existing is less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure