(A) Appellant action. The owner of any property affected by established official plan lines may appeal the strict interpretation of provisions of § 9-2.108 of this article. Such appeal shall be made in writing to the Planning Commission.
(B) Planning Commission action. Upon receipt of an appeal, the Planning Commission shall set a date for at least one public hearing and publish notice thereof in a newspaper of general circulation in the city at least 10 days in advance of such public hearing. At the conclusion of the public hearing the Planning Commission shall make its recommendation by resolution in writing to the Council. In order to make a recommendation contrary to the provisions stated in § 9-2.108 of this article, the Planning Commission shall find:
(1) That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant a variance;
(2) That the property will not earn a fair return on the owner's investment unless the construction involved is authorized; and
(3) That the granting of the application is necessary for the preservation of substantial property rights of the individual.
(C) Council action. The Council, upon receipt of a recommendation from the Planning Commission, shall hear and decide appeals for variances in the strict application of the provisions of § 9-2.108 of this article. Upon receipt of such report from the Planning Commission or upon the expiration of 60 days from the time the applicant filed his appeal with the Planning Commission, the Council shall set a date for a public hearing thereon with notices as required by law. At the conclusion of the public hearing, the Council may grant the applicant a variance from the provisions of said § 9-2.108. In order to grant a variance contrary to said section, the Council shall find:
(1) That the property of which the official plan line is a part is of such nature that the owner of the land will be substantially damaged by the refusal to grant the variance;
(2) That the property will not earn a fair return on the owner's investment unless the construction is authorized; and
(3) That the granting of the application is necessary for the preservation of substantial property rights of the individual.
('66 Code, § 9-2.109) (Ord. 328-A, passed 8-10-53)