10-24-2007 Council Agenda - Laserfiche WebLink

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(d) That the request for variance is not based in an economic hardship. 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 tiled 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) full size copies, one (1), reduced copy no larger than l 1" by 17 ", and one electronic digital file copy of detailed written and graphic materials necessary for the explanation of the request. (b) Upon receiving said application, the City Administrator shall refer the application, along with all related information, to the City Planning Commission for a report and recommendation to the City Council. (c) The Planning Commission shall consider the variance at its next regular meeting unless the filing date falls within fifteen (15) seventeen (17) days of said meeting, in which case the request would be placed on the agenda and considered at the regular meeting following. (d) The applicant or a representative thereof shall appear before the Planning Commission in order to answer questions concerning the proposed variance request. (e) The variance application shall be referred by the City Administrator to the appropriate City staff for a report and recommendation to be presented to the Commission. The City staffs report and recommendations shall be given to the City Planning Commission at least seven (7) days prior to the meeting at which said report and recommendations are to be presented. The staff report and recommendations to the City Council are to be entered in and made part of the permanent written record of the Planning Commission meeting. (f) The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning the variance or to retain expert testimony with the consent and at the expense of the applicant concerning said variance where said information is declared necessary to insure preservation of health, safety and general welfare. (g) The Planning Commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of the Ordinance. Such recommendation shall be in writing and accompanied by the report and recommendation of the City staff. (h) The City Council serving as the Board of Adjustment and Appeals shall not grant a variance until they have received a report and recommendation from the Planning Commission and the City staff or until forty -five (45) days after the first regular Planning Commission meeting at which the request was considered. (i) Upon receiving the report and recommendation of the Planning Commission and City staff, the City Administrator shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be -31-