§ 3.14. Variances

3.14.1 Generally : Where the Planning Commission finds that an unnecessary and extraordinary hardship would result from strict adherence to this ordinance and the purposes of this ordinance may be served to a greater extent by an alternative proposal, the Planning Commission may recommend the approval of variances to this ordinance to the City Council. Variances may be granted so that substantial justice may be done and the public interest secured, provided that such variances shall not have the effect of violating the intent and purpose of this ordinance. Furthermore, the Planning Commission shall not recommend approval of variances to the City Council unless it shall make findings based upon the evidence presented to it in each specific case that:

A. The granting of the variance will not be detrimental to the public safety, health, or welfare, be injurious to surrounding property, or violate the intent and purpose of the regulation;

B. The granting of the variance is not based on a hardship which is self-imposed;

C. The hardship is not based solely on the cost of complying with the regulation; and

D. The hardship is based on circumstances which are unique to the property for which the variance is sought, and not circumstances common to other properties.

3.14.2 Conditions : In recommending approval of variances to the City Council, the Planning Commission may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this ordinance.

3.14.3 Procedures:

A. Application : An application for any variance shall be submitted in writing to the Development Officer on forms provided by him. The variance application shall include the following:

1. A completed variance application form;

2. The appropriate fee, as specified in Appendix A, of this ordinance;

3. A copy of the deed to the subject property;

4. A letter describing the reasons and/or hardship for the request, stating fully the grounds for the variance and all of the facts relied upon by the petitioner; and,

5. A plot plan of the subject property.

B. Public Hearings and Notices : Each variance request shall be considered at a public hearing before the Planning Commission. Notice of such public hearing shall be required as follows:

1. Newspaper : Due notice, in the form provided by the Development Officer, of a variance public hearing shall be published in a local newspaper, in the legal classified advertisements section, at least ten (10) days prior to the public hearing date.

2. Mail : Due notice, in the form provided by the Development Officer, of a variance public hearing shall also be given by mail to all owners of property located within two hundred (200) feet of the affected property; required mailings must be made at least ten (10) days prior to the public hearing date.

3. Cost : The preparation of the notice of public hearing and required mailing list shall be the responsibility of the Planning Department.

C. Planning Commission Action : The Planning Commission shall either recommend approval or denial of the variance to the City Council. The Planning Commission's action shall be entered into the minutes of the Planning Commission meeting, specifying the reason(s) which justified the recommendation of approval or denial of the variance. In the event of a recommendation of denial by the Planning Commission the applicant shall have seven (7) days in which to notify the Development Officer in writing that appeal to the City Council shall be processed; otherwise, the denial shall become final.

(Ordinance No. 02-2010 of April 8, 2010, Sec. 2)