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08-205 Subdivision
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08-205 Subdivision
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5/19/2026 12:31:00 PM
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variance, the Planning Commission may recommend, and the Council shall presc1ibe, the <br />conditions as it deems necessary and desirable to protect the public interests. In no case shall <br />any of the procedural requirements of this chapter be waived nor shall a variance be deemed to <br />pennit any waiver or avoidance of the procedural requirements. <br />(B) Planning Commission review. No variance shall be granted until the matter has been <br />considered by the Planning Commission. In making its recommendations, the Planning <br />Commission shall take into account the nature of the proposed use of land and the existing use of <br />land in the vicinity, number of persons to reside or work in the proposed subdivision and the <br />probable effect of the proposed subdivision upon traffic conditions in the vicinity. <br />(C) Findings. A variance shall be granted only where the Council finds: <br />(1) That there are special circumstances or conditions affecting the applicant's land that the <br />strict application of the minimum standards of this chapter would deprive the applicant of the <br />reasonable use of that land; <br />(2) That the granting of the variance will not be detrimental to the public welfare or <br />injurious to other property; and <br />(3) That the variance required by reason of unusual hardship relating to the physical <br />characteristics of the land. <br />(1997 Code, § 400.11) (Am. Ord. 08-205, passed 4-3-2018) <br />§ 153.12 VARIAN CE PROCEDURES. <br />(A) Application. Requests for a variance or appeal shall be filed with the Zoning <br />Administrator on an official application form. The application shall be accompanied by a fee as <br />established from time to time by resolution of the Council. The application shall also be <br />accompanied by detailed written and graphic materials necessary for the explanation of the <br />request. The applicant shall submit a minimum of 4 large scale copies and 10 reduced scale (11" <br />X 17") copies of all graphics. <br />(B) Hearing. The Planning Commission shall hold a public hearing on the variance request in <br />accordance with the standards set forth in the zoning code. <br />(C) Appearance of applicant before Planning Commission. The applicant or a representative <br />of applicant shall appear before the Planning Commission in order to answer questions <br />concerning the proposed variance request. <br />(D) Findings. The Planning Commission shall make its findings and recommend the actions <br />or conditions relating to the request as they deem necessary to carry out the intent. <br />(E) Approval/denial. Upon receiving the report and recommendation of the Planning <br />Commission, the Council shall decide whether to approve or deny the request for a <br />variance. The Council shall not grant a variance until it has received the report and <br />recommendation from the Planning Commission or until 30 days after the application was <br />23
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