Laserfiche WebLink
<br /> <br /> <br /> Created: 2025-05-22 16:40:51 [EST] <br />(Supp. No. 36) <br /> <br />Page 41 of 198 <br />(6) A detailed statement as to the unique conditions of the property that make the variance desired, as <br />well as what loss of use the property owner will incur if the variance is not granted. <br />(7) A site plan showing the relationship of the variance requested to adjacent property, site development <br />standards, and other information having a bearing on the variance. <br />(8) A sewer and water service plan. <br />(9) Application fees, as established by the city council. <br />(b) Upon receipt of a completed application for a variance, the community development director or designee <br />shall schedule the application for a hearing before the board of appeals and adjustments. <br />(1) The board of appeals and adjustments will evaluate the applications and will forward <br />recommendations to the city council. <br />(2) If the variance relates to any floodplain or shoreland standard, notice of the variance request shall be <br />provided to the commissioner of the department of natural resources at least ten days prior to the <br />hearing date. <br />(3) If the variance relates to any development fronting a county highway, the county engineer shall be <br />given notice of the variance application ten days prior to the hearing. <br />(4) If the variance applies to the setback requirements from a substantial pipeline as required in section <br />90-180, notice of the variance request shall be made to the commissioner of the state department of <br />public safety at least 30 days prior to final council action on the request. <br />(5) Notice of the variance request shall be provided to the property owner of record for properties located <br />within 300 feet of the lot or parcel to which the variance will apply at least ten days prior to the board <br />of appeals and adjustment's meeting where the request will be considered. <br />(6) Where the variance applies to any property within the floodplain district, the applicant shall be <br />provided a notice stating that: <br />a. The issuance of a variance to construct a structure below the base flood elevation will result in <br />increased premium rates for flood insurance up to amounts as high as $25.00 for each $100.00 of <br />insurance coverage. <br />b. Construction below the 100-year or regional flood level increases risk to life and property. <br />(c) In order for the city to approve a request for a variance the city must find that the application meets the <br />following criteria 1-7. If the city finds any of the criteria are not met the application shall be denied. <br />(1) The variance as requested is permissible by law. <br />(2) The applicant for a variance shall establish that there are practical difficulties in complying with the <br />provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a <br />variance means: <br />a. The property owner proposes to use the property in a reasonable manner not permitted by the <br />zoning ordinance and; <br />b. The plight of property owner is due to circumstances unique to the property not created by the <br />landowner and; <br />c. The variance, if granted, will not alter the essential character of the neighborhood. <br />(3) The granting of the variance would be in keeping with the spirit and intent of this chapter and with the <br />policies of the city's comprehensive plan. <br />(4) The variance, if granted, shall not have the effect of allowing any use prohibited in the district.