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05-22-2019 Council Packet
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05-22-2019 Council Packet
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<br />In consideration of the variance, the Planning Commission shall make findings of fact for determining <br />whether to approve or recommend denial of the requested actions. Below is the city code language for <br />your review: <br /> <br />922.010.C. Conditions Governing Consideration of Variance Requests: <br />1. In considering all requests for a variance and in taking subsequent action, the <br />City staff, the Planning Commission, and the City Council serving as the Board <br />of Adjustment and Appeals shall make a finding of fact that the proposed action <br />will not: <br />a. Impair an adequate supply of light and air to adjacent property. <br />b. Unreasonably increase the congestion in the public street. <br />c. Increase the danger of fire or endanger the public safety. <br />d. Unreasonably diminish or impair established property values within the <br />neighborhood, or in any way be contrary to the intent of this Ordinance. <br />e. Violate the intent and purpose of the City Comprehensive Plan. <br /> <br />2. A variance from the terms of this Ordinance shall not be granted unless it can be <br />demonstrated that: <br />a. Special conditions and circumstances exist which are peculiar to the <br />land, structure, or building involved. <br />(1) Special conditions may include exceptional topographic or water <br />conditions or, in the case of an existing lot or parcel of record, <br />narrowness, shallowness, insufficient area or shape of the property. <br />(2) Special conditions and circumstances may not be primarily economic <br />in nature. <br />b. Literal interpretation of the provisions of this Ordinance would deprive <br />the applicant of rights commonly enjoyed by other properties in the same <br />district under the terms of this Ordinance. <br />c. The special conditions and circumstances do not result from the actions <br />of the applicant. <br />d. Granting the variance requested will not confer on the applicant any <br />special privilege that is denied by this Ordinance to other lands, <br />structures, or buildings in the same district. <br />e. Practical difficulties exist in complying with the literal terms of this <br />Ordinance. <br /> <br />3. Application for a variance shall set forth reasons that the variance if granted, <br />will result in using the land, structure or building in a reasonable manner, and <br />that the variance is the minimum variance to accomplish said use, and that such <br />manner of use would otherwise be prohibited by the ordinance. <br /> <br />4. Should the City Council find that the conditions outlined heretofore apply to the <br />proposed lot or parcel, the Council may grant a variance from the strict <br />application of this Ordinance so as to relieve such difficulties to the degree <br />considered reasonable, provided such relief may be granted without impairing <br />the intent of this Zoning Ordinance. However, no variance may be granted that <br />would have the effect of permitting a land use not allowed by the zoning district <br />in which the subject property is located. The Planning Commission, based upon <br />a report and recommendation by the City staff, shall have the power to advise
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