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2011-015 Council Ordinances
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2011-015 Council Ordinances
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City Council
Council Document Type
Ordinances
Meeting Date
07/25/2011
Council Meeting Type
Regular
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a. That the property in question cannot be put to a reasonable use if used <br />�.. under conditions allowed by the official controls. <br />b. That the plight of the landowners is due to physical circumstances unique <br />reasonable use for the property exists under the terms of the ordinance. <br />d. That granting the variance requested will not confer on the applicant any <br />special privilege that would be denied by this ordinance to other lands, <br />structures, or buildings in the same district. <br />e. That the proposed actions will be in keeping with the spirit and intent of <br />the ordinance. <br />2. Variance Procedure. The City shall decide upon requests for variance by <br />approving or denying the same in part or in whole. The procedure for granting <br />variances is as follows: <br />a. A person desiring a variance shall fill out and submit to the Zoning <br />Administrator or his/her designee a "Land Use Application Form", <br />together with a fee as established by City Council resolution/ordinance and <br />all related material to document said hardship. <br />b. The request for variance shall be placed on the agenda of the Planning and <br />Zoning Board according to the City's deadline and meeting schedule. The <br />request shall be considered as being officially submitted and the <br />application approval timeline commences when all the information <br />requirements are complied with. <br />c. The City Council must approve or deny the application within sixty (60) <br />days of receiving all required information. Failure of the City Council to <br />deny an application within sixty (60) days is approval of the request. If the <br />City Council denies an application, it shall state in writing the reasons for <br />the denial at the time it denies the application. However, when a vote on a <br />resolution or properly made motion to approve an application fails for any <br />reason, the failure shall constitute a denial of the application provided that <br />those voting against the motion state on the record the reasons why they <br />oppose the application. <br />1. The sixty (60) day time limit starts over only if the City sends <br />notice, within ten (15) business days of receipt of the application, <br />telling the applicant what information is missing. The City may <br />extend the sixty (60) day time limit before the end of such time <br />limit by providing written notice of the extension to the applicant. <br />The notification shall state the reasons for the extension and its <br />anticipated length, which may not exceed sixty (60) days, unless <br />
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