§ 108-377. Authority to grant variances.

(a)

Variance applications. A property owner or his authorized agent may initiate a request for a variance by filing an application with the community development director. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development. The community development director may require other drawings or materials essential to an understanding of the proposed used and variance requested and its relationship to the surrounding properties. A fee, as established by the city council, shall accompany the variance application.

(b)

Conditions and criteria for granting a variance. The planning and zoning commission, in cases where specifically authorized, may make a recommendation to the council to grant a variance only after consideration and adoption of findings of fact that all of the following conditions exist and criteria are met.

(1)

There are unusual, exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other property in the same vicinity or use district, and such conditions are not the result of the owner or occupant's own actions. The conditions may include topography, unique natural conditions, surroundings of the subject property, or the size or peculiar shape of the lot.

(2)

As a result of such unusual circumstance or conditions, there is an unnecessary hardship or practical difficulty that renders it difficult to carry out the provisions of this division.

(3)

The authorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or district in which the property is located, and the variance will be in harmony with the general purposes and intent of the provisions of this division.

(4)

The variance approved is the minimum variance that will make possible the legal use of the land, building or structure.

(5)

The variance does not permit a use of land, building or structure which is not permitted by right in the land use intensity district in which the proposed development is located.

(c)

Staff investigation and report. The community development director shall make an investigation of all variance applications and shall prepare a report thereon, considering applicable criteria specified herein. The investigation shall be submitted to the planning and zoning commission. The investigation shall also be made available to the applicant prior to the public hearing scheduled on the matter. A copy of the investigation will be included with the recommendation to the city council on the requested variance.

(d)

Notice and hearing. Upon the filing of any complete application for a variance with the community development director, a public hearing shall be scheduled and held on the proposed variance in accordance with section 108-352.

(e)

Action on variances. The planning and zoning commission shall make findings and render a recommendation in writing within 30 days after the initial public hearing on the proposed variance. The recommendation shall be forwarded to the city council at its next regular meeting for final decision. The city shall notify the applicant, in writing, of its decision within five days after the city council has rendered its decision.

(Code 2004, § 152.235; Ord. No. 381, 4-10-2006; Am. Ord. No. 433, 9-21-2009)