Laserfiche WebLink
1010. VARIANCES, PLANNING COMMISSION RECOMMENDATIONS, STANDARDS <br />1010.010. FINDINGS. The Planning Commission may recommend a <br />variance from the minimum standards of this Ordinance (not <br />procedural provisions) when, in its opinion, undue hardship may <br />result from strict compliance. In recommending any variance, the <br />Commission shall prescribe any conditions that it deems necessary <br />to or desirable for the public interest. In making its <br />recommendations, the Planning Commission shall take into account <br />the nature of the proposed use of land and the existing use of land <br />in the vicinity, the number of persons to reside or work in the <br />proposed subdivision and the probably effect of the proposed <br />subdivision upon traffic conditions in the vicinity. A variance <br />shall only be recommended when the Planning Commission finds: <br />(a) That there are special and highly unique circumstances or <br />conditions affecting said property which are not common <br />to other properties in the City and that the strict <br />application of the provisions of this Ordinance would <br />deprive the applicant of the reasonable and minimum use <br />of his land. <br />(b) That the granting of the variance will not be detrimental <br />to the public health, welfare or injurious to other <br />property in the territory in which property is situated. <br />(c) That the variance is to correct inequities resulting from <br />an extreme hardship limited to topography, soils or other <br />physical factors of the land. <br />After consideration of the Planning Commission recommendations, the <br />City Council serving as the Board of Adjustment and Appeals may <br />grant variances, subject to the finding that a hardship exists <br />according to items (a), (b), and (c) immediately above. <br />1010.020. PROCEDURES. <br />(a) Requests for a variance or appeal shall be filed with the <br />City Clerk on an official application form. Such <br />application shall be accompanied by a fee as established <br />by City Council resolution. Such application shall also <br />be accompanied by five (5) copies of detailed written and <br />graphic materials necessary for the explanation of the <br />request. <br />(b) Upon receiving said application, the City Clerk shall <br />refer the application, along with all related <br />information, to the City Planning Commission for a report <br />and recommendation to the City Council. <br />(c) The Planning Commission shall consider the variance at <br />its next regular meeting unless the filing date falls <br />-34- <br />Page 46 <br />