03-22-1995 Council Agenda - Laserfiche WebLink

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Commission's and City staff's reports and recommendation concerning a request for variance or an appeal, the City Council serving as the Board of Adjustments and Appeals, shall instruct the City Clerk to set a public hearing for the next regular meeting of the City Council. Notice of said hearing shall consist of a legal property description, description of request and map detailing property location, and be published in the official newspaper at least ten (10) days prior to the hearing. Written notification of said hearing shall be mailed at least ten (10) days prior to the hearing to all owners of land within three hundred fifty (350) feet of the boundary of the property in question. G. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this Ordinance. H. The City Council serving as the Board of Adjustment and Appeals shall make a finding of fact and shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request. I. Approval of a variance of this Zoning Ordinance or granting of an appeal shall require passage by at least four (4) affirmative votes of the full City Council serving as the Board of Adjustment and Appeals. J. The Zoning Administrator shall notify the originator of the variance request or appeal of the City Council's, serving as the Board of Adjustment and Appeals, decision in writing. 922.030. LAPSE OF VARIANCE OR APPEAL. Whenever within one (1) year after granting a variance or appeal the use as permitted by the variance or appeal shall not have been completed or utilized, then such variance or appeal shall become null and void unless a petition for extension of time in which to complete or to utilize the use has been granted by the City Council. Such extension shall be requested in writing and filed with the Zoning Administrator at least thirty (30) days before the expiration of the original variance or appeal. There shall be no charge for the filing of such petition. The request for extension shall state facts showing a good faith attempt to complete or utilize the use permitted in the variance or appeal. Such petition shall be presented to the Planning Commission for a recommendation to the City Council for a decision. 922.040. PERFORMANCE BOND. In granting a variance, the City Council may require a performance bond where there are required -204- Page 45