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04/06/2009 Council Packet
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04/06/2009 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
04/06/2009
Council Meeting Type
Work Session Regular
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• <br />s <br />Restrictive Soils 79 <br />§ 1004.08 SPECIAL CONDITIONS. <br />(1) A permit may be approved subject to compliance with reasonable conditions which are <br />specifically set forth in the permit and are necessary to ensure compliance with the requirements <br />contained in this chapter. Each condition may, among other matters, limit the size, kind or <br />character of the proposed development, require the construction of other structures, including <br />special foundations and soil stabilization structures, establish required monitoring procedures, <br />require alterations of the site as may be necessary, require the provision of a performance bond, <br />and /or require the conveyance to the city or other public entity of certain lands or interest therein. <br />(2) The dimensional and area requirements of the underlying restrictive soils types and soil <br />district(s) may be modified in furtherance of the purposes of this chapter. <br />(Prior Code, § 1004.08) <br />§ 1004.09 TIME OF PERMIT - EXTENSIONS; RENEWALS. <br />All timing, extensions, and renewals are to be consistent with the building permit procedures. <br />(Prior Code, § 1004.09) <br />§ 1004.10 RESPONSIBILITY. <br />Neither the issuance of a permit nor compliance with the conditions thereof, nor with the <br />provisions of this chapter shall relieve any person from any responsibility otherwise imposed by <br />law for damage to persons or property; nor shall the issuance of any permit hereunder serve to <br />impose any liability on the city or its officers or employees for injury or damage to persons or <br />property. A permit issued pursuant to this chapter shall not relieve the permittee of the <br />responsibility in complying with any other requirements established by law, ordinance, or <br />regulation. <br />(Prior Code, § 1004.10) <br />§ 1004.11 VARIANCE. <br />The Council may authorize in specific cases following appeal and hearing a variance from <br />the provisions of this chapter would result in a substantial inequitable hardship to an applicant <br />property owner. In assessing hardship, the Council shall balance the severity of the physical, <br />social, and economic effects of the literal application against the interests of the city in effecting <br />the purposes of this chapter as expressed above. Economic considerations alone shall not <br />constitute a hardship if a reasonable use for the property exists under the terms of this chapter. <br />No variance may be granted which would allow any use that is prohibited in the zoning district in <br />which the subject property is located. A variance shall be granted in writing accompanied by <br />specific findings of fact as to the necessity for the granting of the variance and its specific <br />provisions. <br />(Prior Code, § 1004.11) <br />
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