01-24-2007 Council Agenda - Laserfiche WebLink

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create an unnecessary hardship and failure to comply does not interfere with the purpose of the Subdivision Regulations, the City Council may waive such compliance by adoption of a resolution to that effect. 1010. VARIANCES, PLANNING COMMISSION 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 and 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 and minimum use of his land. (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. After 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, subject to the finding that a hardship exists according to items (a), (b), and (c) immediately above. 1010.020. PROCEDURES. (a) Requests for a variance or 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) copies of detailed written and graphic materials necessary for the explanation of the request. (b) Upon receiving said application, the City Administrator shall -31-