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37 <br /> Variances. (1665.06) <br /> Application. An owner of property with an existing structure which does not comply <br /> with the Zoning. Code, or of property on which such a structure is proposed.to be <br /> constructed, may apply for a-variance upon payment of the fee as specified in the <br /> Zoning Ordinance. <br /> Council Approval. Variances to the dimensional provisions of the Zoning Code may <br /> be granted by the Council upon recommendation of the Planning Commission, after a <br /> public hearing is held by the Planning Commission. Variances will not be granted <br /> with respect to uses. A majority of affirmative votes by the Councilmembers present <br /> is required to approve a variance request. <br /> Evidence. No variance.will be granted unless the evidence presented by the petitioner <br /> discloses all of the following facts: <br /> (a) The subject matter of the application is within the scope of the Zoning <br /> Ordinance subsection regarding variances. <br /> (b) Strict enforcement of the ordinance would cause undue hardship <br /> because: : <br /> 1:) The property cannot be.put to. a reasonable use without the <br /> variance. <br /> 2.) The circumstances causing the hardship were not created by the <br /> owner. <br /> 3.) The variance, if granted, will not alter the essential character of <br /> the locality. <br /> 4.) Economic considerations alone are not the basis of the hardship. <br /> (c) The circumstances.causing the hardship are unique to the individual <br /> property under consideration. <br /> (d) The granting of the variance is in keeping with the spirit and intent of <br /> the Zoning Code. <br /> Planning Commission Recommendation. The Planning Commission will consider the <br /> application at a public hearing at any*regular or special meeting. Notice for the public <br /> hearing will be given in accordance with Section 115 of the City Ordinance. The-Planning <br /> Commission, sitting as the Board of Adjustments and Appeals, will make a recommendation <br /> to the Council as follows: <br /> (a) Recommend that the variance application can be granted because the <br /> evidence considered at.the meeting supports each of the findings <br />