09-24-08 Council Agenda - Laserfiche WebLink

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1010. VARIANCES, PLANNING COIVIMISSION RECOMMENDATIONS, STANDARDS 1010.010. FINDINGS. The Planning Commission may., recommend a variance from the minimum'standards of this Ordinance (not procedural provisions) when, in its :opinion, undue hardship `may result from strict compliance. In recommending any variance, the Commission shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its recommendations, the Planning Commission shall take into account the nature of the proposed use of land and the existing use'of land in`the vicinity, the number of persons to reside or work in the proposed subdivision and the probably effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be recommended when the Planning Commission finds: A. That there are special Wand highly unique" circumstances or' conditions` affecting said property which are not common to other properties in the 'City and `that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his land. [beleted;the term'.."mrntmuin use"fromra standprd for,' apA~avmg~vkriances] , B'. That the granting of the variance will not be detrimental to the'public health, welfare or injurious to other property in the territory in`which property is situated. C. 'That the variance is to correct inequities resulting from an extreme hardship limited to topography, soils or other physical factors of the land. D That the rgqu' est for variance isr tot based' to an 'economic` laa'rdship [Inserted; to pdrallel zoning ordiniince (kn'd st~tuto7y)',lanngcjage] A$er consideration of the Planning Commission recommendations, the City Council serving as the Board of Adjustment and Appeals may grant'variances`by a'vote of'a majority of the entire City Council, subjecf to the finding that a hardship exists according to items (a), (b), and (c) immediately above. 1010.020. ` PROCEDURES. A. Requests for a variance br appeal'shall be filed with the City Administrator on an official application form. Such application shall be accompanied by a`fee as established by City Council resolution, Such application shall also be `accompanied by five (5) fujd,~izp copies, otie: (I) reiltiaed copy; ito, larger than 11" byX7' ; altd; one electronic, dtgxtal ,.file eap}i of detailed written and. graphic materials necessary .for the: explanation. of the request. Little Canada Subdivision Ordinance Variances, Planning Commission Recommendations, Standards 1010-1 33-