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922.010. GENERAL PROVISIONS AND STANDARDS. <br />A. Purpose. The purpose of this Section is to provide for the consideration of variances from the <br />literal provisions of this Ordinance in instances where their strict enforcement would cause <br />undue hardship practical difficulties because of circumstances unique to the individual property <br />under consideration, and to grant such variances only when it is demonstrated that such actions <br />will be in keeping with the spirit and intent of the Ordinance. <br />B. The City Council shall act as the Board of Adjustment and Appeals. <br />C. Conditions Governing Consideration of Variance Requests: <br />1. In considering all requests for a variance and in taking subsequent action, the City <br />staff, the Planning Commission, and the City Council serving as the Board of Adjustment <br />and Appeals shall make a finding of fact that the proposed action 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 />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 land, <br />structure, or building involved. <br />(I) Special conditions may include exceptional topographic or water <br />conditions or, in the case of an existing lot or parcel of record, narrowness, <br />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 the <br />applicant of rights commonly enjoyed by other properties in the same district <br />under the terms of this Ordinance. <br />c. The special conditions and circumstances do not result from the actions of the <br />applicant. <br />d. Granting the variance requested will not confer on the applicant any special <br />privilege that is denied by this Ordinance to other lands, structures, or buildings in <br />the same district. <br />e. A genuine hardship Practical difficulties exists in complying with the literal <br />terms of this Ordinance. <br />3. Application for a variance shall set forth reasons that the variance, <br />if granted will result in using the land, structure or building in <br />a reasonable manner, and that the variance is the minimum variance to accomplish said <br />use, and that such manner of use would otherwise be prohibited by the ordinance. <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 application of this <br />