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difficulties because of circumstances unique to the individual property under <br />consideration and then only when it is demonstrated that such actions will be in <br />keeping with the spirit and intent of this chapter. <br />a. Definition of Practical Difficulties. "Practical difficulties," as used in <br />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. The proposed variance will not alter the essential character <br />of the locality in which the property in question is located. <br />a. Definition of Locality. For purposes of this subsection, "locality" shall be <br />defined as all that property within 350 feet of the property proposed for the <br />variance; however, in all events, it shall include all parcels abutting the <br />affected parcel, including those immediately across a public street, alley of <br />other public property. <br />4. Adjacent Properties and Traffic. The proposed variance will not impair an <br />adequate 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. <br />G. Conditions. The Planning Commission may recommend and the Board of Adjustment <br />may impose such restrictions and conditions upon the property that is the subject of the <br />variance as may be necessary to comply with the standards established by this chapter or <br />to reduce or minimize the effect of such variance upon other properties in the <br />neighborhood and to better carry out the intent of the variance. <br />H. Effect of Denial. No application by a property owner for a variance shall be submitted to <br />the Board of Adjustment within a six (6) months period following a denial of such a <br />request unless, in the opinion of the Board, new evidence of change in circumstances <br />warrant it. <br />I. Expiration. A variance shall be deemed to authorize only one particular use and shall <br />expire if work does not commence within twelve (12) months of the date of granting such <br />variance or if giat use eeases for more than 3E (6) conseeWive menthsgIggpt when: <br />1. Initial requests for an extension of one (1) year or less: <br />a. A written reauest for an extension of one (1) Year or less is received by the <br />City at least 30 days prior to the expiration of the initial variance. In order <br />to make the reauest, the applicant shall submit an application on a form <br />provided by the City and nay an application fee in the amount set forth in <br />the City's fee schedule. The request for the extension must include facts <br />demonstrating that a good faith attempt has been made by the applicant to <br />complete or utilize the variance that was granted. <br />2 <br />486881vl S1S LA515A <br />