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27 <br />LA515\1\1066805.v2 <br />the individual property under consideration and then only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of this chapter. All requests for <br />variances shall be reviewed in accordance with the required findings listed in subsection <br />(f) of this section. <br />2. Use variances prohibited. A variance shall not be granted for any use that is not a listed <br />permitted or conditional use under this chapter for property in the zone where the property <br />is located. <br />3. Application requirements. Variance applications shall be submitted to the director of <br />planning on such form and accompanied by such information as required by LEC <br />105.12.240(a) and with the submission materials listed in LEC 105.12.240(b). <br />4. Hearing requirements. The planning commission shall hold a public hearing on each <br />complete application for a variance as provided in LEC 105.12.250. After the close of the <br />hearing on a proposed variance, the city planning commission shall consider findings and <br />shall submit the same together with its recommendation to the board of adjustment. <br />5. Board of adjustment action. The board of adjustment shall receive the recommendation of <br />the planning commission and shall take final action on the variance request. All findings <br />and decisions of the board of adjustment concerning variances shall be final. <br />6. Required findings. Any action taken by the board of adjustment to approve or deny a <br />variance request shall include the following findings: <br />1. Practical difficulties. <br />1. A variance to the provision of this chapter may be granted by the board of <br />adjustment upon the application by the owner of the affected property where <br />the strict enforcement of this chapter would cause practical difficulties <br />because of circumstances unique to the individual property under <br />consideration and then only when it is demonstrated that such actions will <br />be in keeping with the spirit and intent of this chapter. <br />2. Definition of practical difficulties. The term "practical difficulties," as used <br />in connection with the granting of a variance, means that the property owner <br />proposes to use the property in a reasonable manner not permitted by an <br />official control. <br />2. Unique circumstances. The problem for the landowner/applicant which the <br />proposed variance is intended to correct must be due to circumstances that are <br />unique to the property in question and that were not created by the land <br />owner/applicant. <br />3. Character of locality. <br />1. The proposed variance will not alter the essential character of the locality <br />in which the property in question is located. <br />2. Definition of locality. For the purposes of this subsection, the term <br />"locality" shall be defined as all that property within 350 500 feet of the <br />property proposed for the variance; however, in all events, it shall include <br />all parcels abutting the affected parcel, including those immediately across <br />a public street, alley of other public property. <br />4. Adjacent properties and traffic. The proposed variance will not impair an adequate <br />supply of light and air to property adjacent to the property in question or <br />substantially increase the congestion of the public streets or substantially diminish <br />or impair property values within the neighborhood.