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PCAgenda_05Feb22
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PCAgenda_05Feb22
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7/22/2009 9:14:16 AM
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(e) In considering a request for physical variances, the planning commission shall <br />• make specific findings of fact based upon the evidence and testimony presented <br />regarding whether: <br />(1) It has been demonstrated that the granting of the variance is in keeping <br />with the spirit and intent of this code and will not alter the essential <br />character of the locality. <br />(2) That strict enforcement of the literal provisions of this code causes undue <br />hardship. <br />(3) That the property in question cannot be put to a reasonable use if used <br />under conditions allowed by the official controls. <br />(f) In considering requests for appeals, the planning commission shall make specific <br />findings of fact based upon the evidence and testimony presented regarding <br />whether: <br />(1) the interpretation or application of the provisions of this code, in the specific <br />instance cited, was or was not consistent with the intent of this code; and <br />(2) the interpretation or application of the provisions of this code, in the specific <br />instance cited, was or was not consistent with the manner of interpretation or <br />application of the same provisions in other specific, demonstrable situations. <br />• (g) After due deliberation, the planning commission shall formally act upon the <br />requested variance or appeal in one of the following manners. <br />(1) recommend approval of the variance request or appeal, as submitted, to <br />the city council; <br />(2) recommend approval of the variance request or appeal, with <br />modifications or conditions, to the city council; <br />(3) recommend denial of the variance request or appeal to the city council; <br />(4) postpone action on the variance request or appeal to the next regular <br />meeting of the planning commission or such later date as agreed to by <br />the applicant; or <br />(5) table action on the variance request or appeal, but only with the consent <br />of the applicant. <br />(h) With the exceptions of action to postpone or table, the recommendation of the <br />planning commission shall be forwarded to the city council for its consideration. <br />In such case that the planning commission acts to postpone consideration of the <br />variance request or appeal, the applicant shall be provided with a written <br />statement of the reasons for such action. A variance request shall not be <br />postponed more than once without the consent of the applicant and shall always <br />be postponed to the next regular meeting of the planning commission or such <br />• later date as agreed to by the applicant. Following initial postponement or failure <br />of the applicant to agree to a satisfactory later date and upon request by the <br />
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