12-17-2003 Council Agenda - Laserfiche WebLink

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impairing the intent of this Zoning Ordinance. The Planning Commission, based upon a report and recommendation by the City staff, shall have the power to advise and recommend such conditions related to the variance regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the interest of the intent and purpose of this Ordinance. 922.020. PROCEDURES. A. Requests for a variance r app al shall be filed with the Zoning Administrator on an official application form. Such application shall be accompanied by a fee as established by City Council resolution. This fee shall not be refunded. Such application shall also be accompanied by ten (10) copies of detailed written and graphic materials necessary for the explanation of the request, and a list of property owners located within three hundred fifty (350) feet of the subject property, which list shall be obtained from City records. The request shall be placed on the agenda of the first possible Planning Commission meeting occurring after ten (10) days from the date of submission. The request shall be considered as being officially submitted when all the information requirements are complied with. B. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports when appropriate, and provide general assistance in preparing a recommendation on the action to the City Council. Additionally, the Zoning Administrator shall refer the application to other local, state and special units of government where appropriate and when required. C. The Planning Commission and City staff shall have the authority to request additional information from the applicant concerning operational factors or to retain expert testimony with the consent and at the expense of the applicant concerning operational factors, said information to be declared necessary to establish performance conditions in relation to all pertinent sections of this Ordinance. 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 Planning Commission shall make a finding of fact and decide to recommend approval or denial of said request. The Planning Commission shall reach a decision within sixty (60) days after the first regular meeting at which the variance or appeal request was considered by the Commission. Failure by the Planning Commission to reach a decision within the time limit shall be deemed as a recommendation to the Council of denial of the request. The Commission's 3