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PCAgenda_05Feb22
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PCAgenda_05Feb22
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for consideration by the Board. Such reports and recommendations shall be <br />entered in anal made part of the permanent written record of the Board meeting. <br />(10) Upon receiving the report and recommendation of the Planning <br />Commission and the City staff, the Board shall have the option to set and hold a <br />public hearing if deemed necessary and shall make a recorded finding of fact and <br />may impose any condition they considered necessary to protect the public health, <br />safety and welfare. <br />(11) If, upon receiving said reports and recommendations of the Planning <br />Commission and City staff, the Board finds that specific inconsistencies exist in <br />the review process and thus the final determination of the Board will differ from <br />that of the Planning Commission, the Board may, before taking final action, refer <br />the matter back to the Planning Commission for further consideration. The Board <br />shall provide the Planning Commission with a written statement detailing the <br />specific reasons for referral. This procedure shall be followed only one time on a <br />singular action. <br />(12} Approval of a request shall require passage by a majority vote of the entire <br />Board. <br />(13) In granting any major variance under the provisions of this section., the <br />Board shall designate such conditions in connection therewith as will, in .its <br />• opinion, secure substantially the objectives of the regulations or provisions to <br />which the adjustment or variance is granted, as to light, air, and the public health, <br />safety, comfort, convenience and general welfare. <br />(14} In all. cases where major variances are granted under the provisions of this <br />section, the Board shall .require such evidence and guarantee as .it may deem <br />necessary to insure compliance with the conditions designated in connection <br />therewith.. <br />(l.5) The Zoning Administrator shall serve a copy of the final order of the <br />Board upon the petitioner by mail. <br />(16) Whenever an application for a major variance has been considered and <br />denied by the Board, a similar application for a variance affecting substantially <br />the same property shall not be considered again by the Planning Commission or <br />Board for at least six (6) months from the date of its denial; and a subsequent <br />application affecting substantially the same property shall likewise not be <br />considered again by the Planning Commission or Board for an additional six (6) <br />months from the date of the second denial unless a decision to reconsider such <br />matter is made by a majority vote of the full Board. <br />21030.05. APPEAL OF BOARD RULING: Any person or persons, any private or public <br />board, or taxpayer of the City aggrieved by any decision of the Board shall have the right to seek <br />• review of the decision with a court of record in the manner provided by the laws of the State of <br />21030-5 <br />
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