A. A variance from the terms of this title shall not be granted by the Planning and Zoning Commission unless and until a written application for a variance is submitted to the Community Development Department and the Commission, containing:
1. Name, address and telephone number of applicant(s);
2. Legal description of the property;
3. Description of nature of variance requested:
a. That special conditions and circumstances exist which are peculiar to the land, are not applicable to other lands, structures or buildings in the same district;
b. That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;
c. That special conditions and circumstances do not result from actions of the applicant; and
d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district;
4. A site plan/plot plan, drawn to a readable scale, containing and showing the following information:
a. Dimensions of all property, under review;
b. Location of the present building on the subject property (applicants) with the dimensions of the front, side and rear yards;
c. Dimensions of all other buildings or structures on subject property;
d. Location of any proposed building or structures on the proposed extension, expansion or relocation of a building or structure on the property;
e. Location of the buildings on adjacent lots, giving the depth of the front, rear and side yards showing all dimensions;
f. The existing use of each building or structure and the proposed use of the existing or new building;
g. The name and location of all streets and alleys;
h. The location and arrangement of all parking facilities;
i. Show on the site plan how the project will be landscaped, placement of trees, shrubs, lawns, and other ground cover;
j. Location of fencing, garages, driveways, sidewalks, water lines, sewer lines and other utility improvements.
5. There shall accompany any application processed under this section a certificate of a reputable title insurance company licensed under the laws of the state of Idaho, listing the names and addresses of the record owners or contract purchaser as shown by the records of the office of the county recorder, and all persons to whom the property is assessed upon the tax rolls of the county assessor of Kootenai County within the land being considered and within 300' of the external boundaries of said land. The cost of the title report shall be the sole responsibility of the applicant).
6. Legal description of the property from the most recent deed.
7. Other items as may be required by staff to complete the application request.
B. A variance shall not be granted unless the Commission makes specific written findings of fact based directly on the particular evidence presented to it which supports conclusions that the above mentioned standards and conditions have been met by the applicant. (Ord. 619, 4-13-2021)