(A) If unnecessary hardships or results inconsistent with the general purpose of §§ 6-5-3-1 et seq. result through the strict and literal interpretations and enforcement hereof in relation to properties which, because of size, shape, location or other special circumstances might be unreasonably or inconsistently affected by the provisions of §§ 6-5-3-1 et seq., the City Planning Commission, upon a written application from the owner or owners of such property, shall have the authority, subject to the approval of the City Council, to grant a variance from the provisions of §§ 6-5-3-1 et seq. as may be in harmony with its general purpose and intent, so that the spirit of this ordinance shall be observed, public safety, convenience and welfare served and substantial justice done.
(B) If the granting of such a variance, in the opinion of the City Planning Commission could not assure full justice to such property and at the same time conserve the public safety, convenience and welfare, it shall be the duty of the City Planning Commission to recommend to the City Council, such alternative action as, in its opinion, is necessary to assure such ends.
(C) The granting of such variance or submitting such recommendation shall be subject to the following provisions:
(1) A public hearing shall be held for the purpose of considering any such application.
(2) Notice of such public hearing shall be given not less than ten days prior to the date of such public hearing. Notice shall be published one time in a newspaper of general circulation in Bernalillo County and such notice shall also be by postal card and addressed to the following:
(a) New Mexico State Highway Department, Santa Fe, New Mexico.
(b) City Engineer, City Hall, Albuquerque, New Mexico.
(c) Owners of all property within a radius of 200 feet of the site of the building, utility, or other installation involved in the application, using for the purpose the name and address of the last known owners as shown on the records of the County Assessor.
(3) Within, but not to exceed, 30 days following such public hearing, the City Planning Commission, shall, by resolution, recite in full its findings upon which it bases its approval or disapproval of such variance, or upon which it bases its alternative recommendation.
(4) A copy of such resolution containing the recommendations of the City Planning Commission shall be mailed to the applicant, using therefor, the address shown upon the written application. One copy of the resolution shall be delivered to the City Council. The City Council may approve or disapprove the recommendations of the City Planning Commission, or refer the recommendations back to the City Planning Commission for further consideration, the results of which shall be submitted to the City Council within ten days after the next regular meeting of the City Planning Commission.
('74 Code, § 8-8-4) (Ord. 728)
Cross-reference:
Environmental Planning Commission, see §§ 14-13-3-1 et seq.
Environmental Planning Commission, see §§ 14-13-3-1 et seq.