07-27-11 Council Agenda - Laserfiche WebLink

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14. The property, including buildings and exterior site areas, shall comply with all applicable fire codes. The applicant will need to arrange with the Fire Marshal and acceptable means for access to the rear yard. 15. All lighting shall be hooded and so directed that the light source shall not be visible from the public right -of -way or from neighboring residential uses, and shall be in compliance with Section 903.020.I of the Zoning Ordinance. No changes are proposed to this requirement. 16. All other provisions and requirements as deemed necessary by the City Council. 17. The applicant complies with the provisions of Section 921 of the Zoning Ordinance. Variance The City's typical stand for variance approval has been an examination of whether or not the property can be put to reasonable use without a variance, and whether or not there is a condition of the property that creates a hardship in putting the property to reasonable use. This has been a rigorous standard to meet, requiring an applicant to show that without the variance, the property was, essentially, not usable. The legislature passed a revised statute which was signed by the governor on May 5, 2011. This revised statute synchronizes up the language between municipalities and counties, and replaces hardship with the "practical difficulties" language. The relevant section is as follows "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. The language deletes language requiring "hardship ", as well as the concept of "reasonable use ". Instead, the statute states that the City "pray" grant a variance if it finds "practical difficulties" in using the property in a reasonable manner that is not allowed under the ordinance. Cities may still retain the three- factor test for approving a variance of (1) reasonableness, (2) uniqueness, and (3) essential character. In summary, the City must find the following: • Is the variance in harmony with the purposes and intent of the ordinance? • Is the variance consistent with the Comprehensive Plan and zoning ordinance? • Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? 5