A. Variance Findings: The city council may approve a variance from the minimum standards of this title (not procedural provisions) when, in its opinion, undue hardship may result from strict compliance. In approving any variance, the city council shall prescribe any conditions that it deems necessary to or desirable for the public interest. In making its approval, the city council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. A variance shall only be approved when the city council finds:
1. That there are special circumstances or highly unique conditions affecting the property such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of his land.
2. That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated.
3. That the variance is to correct inequities resulting from an unusual physical hardship such as topography. Hardships relating to economic difficulties shall not be considered for the purpose of granting a variance.
4. That the hardship is not a result of an action or actions by the owner, applicant or any agent thereof. (Amended Ord. 1988-8, 9-8-1988)
B. Requests For Variance Or Appeal: Requests for a variance or appeal shall be filed with the city administrator on an official application form. Such application shall be accompanied by a fee as set out in section 3-1-3 of this code. Such application shall also be accompanied by four (4) copies of detailed written and graphic materials including one plan no larger than eleven inches by seventeen inches (11" x 17") necessary for the explanation of the request.
C. Planning Commission Procedures:
1. Upon receiving said application, the city clerk shall refer the application, along with all related information, to the city planning commission for a report and recommendation to the city council as outlined in chapter 4 of this title. (Amended Ord. 1988-8, 9-8-1988; amd. 2005 Code)
2. The planning commission shall consider the variance at its next regular meeting unless the filing date falls within fifteen (15) days of said meeting, in which case, the requests would be placed on the agenda and considered at the regular meeting following the next regular meeting. The city administrator shall refer said application, along with all related information, to the city planning commission for consideration and a report and recommendation to the city council.
3. The variance application shall be referred to the city staff for a report and recommendation to be presented to the planning commission.
4. The planning commission and city staff shall have the authority to request additional information from the applicant concerning the variance or to retain expert testimony at the expense of the applicant concerning said variance where said information is declared necessary to ensure preservation of health, safety and general welfare of the city.
5. The city administrator shall set a date for a public hearing. Notice of such hearing shall be published in the official newspaper at least ten (10) days prior to said hearing, and individual notices shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property within three hundred fifty feet (350') of the parcel included in the request.
6. Failure of a property owner to receive said notice shall not invalidate any such proceedings as set forth within this title.
7. The applicant or a representative thereof shall appear before the planning commission in order to answer questions concerning the proposed variance request.
8. The planning commission shall make a finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this title.
D. City Council Action:
1. The city council shall not grant a variance until they have received a report and recommendation from the planning commission and the city staff or until thirty (30) days after the first regular planning commission meeting at which the request was considered.
2. Upon receiving the report and recommendation of the planning commission and city staff, the city council shall place the report and recommendation on the agenda for the next regular meeting. Such reports and recommendations shall be entered in and made part of the permanent written record of the city council meeting.
3. Upon receiving the report and recommendation of the planning commission and city staff, the city council shall make a recorded finding of fact and impose any conditions it considers necessary to protect the public health, safety and welfare of the city.
4. The city council shall decide whether to approve or deny a request for a variance or an appeal within thirty (30) days after the public hearing on said request.
E. Grant Of Variance Or Appeal: A variance of this title or grant of an appeal shall be by a four-fifths (4/5) vote of the full city council. (Amended Ord. 1988-8, 9-8-1988)