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Planning Commission Staff Report 10/04/2023 — Eklund, Administrative Variance, 8421 Spring Lake Road Page 5 § 160.470 ADMINISTRATIVE VARIANCE PROCESS (A) Types. Property owners seeking relief from this chapter may request an administrative variance; provided that, the property is zoned R-1 or R-2 and either of the following is applicable: (1) The request concerns setbacks; the variance amount is within 25% of code requirements; and approval of the variance does not result in a setback of less than five feet; and (2) The request is related to a pre-existing, non -conforming driveway or curb cut. (B) Review procedures. The Director of Community Development will review administrative variance requests. In order to be approved, the variance request must meet the criteria as stated in § 160.466 of this chapter. If all of the criteria are met and approval is granted, the adjacent property owners must be notified by mail of the preliminary approval and allowed ten days to respond to the decision. Absent any opposition from adjacent property owners, the Planning Commission shall review the administrative variance request at the following regularly scheduled meeting. (C) Denial and appeals. If the Director chooses to deny a request, or if either the adjacent neighbors or the Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a formal variance from the Planning Commission. (D) Fees. Administrative variances fees are set according to the city's approved fee schedule. (Prior Code, § 1125.02) (Ord. 725, passed 02-09-2004; Ord. 752, passed 09-13-2004; Ord. 756, passed 01-24-2005; Ord. 861, passed 09-22-2011) § 160.466 CRITERIA FOR GRANTING VARIANCES. (A) A variance to the provisions of this chapter may be issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, by the Director of Community Development as explained in § 160.470 of this chapter, to provide relief to the landowner in those cases where the code imposes practical difficulties to the property owner in the use of property owner's land. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. No variances shall be granted that would allow any use that is not allowed in the zoning district in which the subject property is located. (B) A variance may be granted only in the event that all of the following circumstances exist: (1) The variance is in harmony with the general purposes and intent of this chapter; (2) The variance is consistent with the Comprehensive Plan; (3) The applicant proposes to use the property in a reasonable manner not permitted by this chapter or the city code; (4) Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this chapter has had no control. The unique circumstances do not result from the actions of the applicant; (5) The variance does not alter the essential character of the neighborhood; (6) The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties; and (7) The Board of Adjustment and Appeals may impose such conditions upon the premises benefitted by a variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of the variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Design with community in mind