A. Definition: A variance may be granted allowing deviations from the height, mass, setback, parking, or other dimensional requirements established by the zoning and subdivision provisions of the UDO where practical difficulties unique to the property in question prevent full compliance with such provisions.
B. Variance Process: The Planning Commission has the authority to grant variances. The Planning Commission may authorize, in specific cases, such variance from the terms of this UDO as will not be contrary to the public interest.
1. Pre-application Meeting: The applicant may meet with the City Planner prior to submitting a variance request for consideration by to the Planning Commission. Following the conclusion of the meeting, the City Planner shall forward to the applicant a written summary of the results of the pre-application meeting including recommendations and all attached comments.
2. Preliminary Review by the City Planner: Upon receipt of an application, the City Planner shall, within 5 days, review the application and determine whether it provides all necessary and required information. If it is incomplete, the City Planner shall advise the applicant of the deficiencies and inform the applicant that no further action will be taken on the application until all necessary and required information has been provided. If it is complete, the City Planner may forward the application to the TRC.
3. Variance Review by the TRC: The TRC shall review the application after the City Planner determines that the application is complete and forward its comments within 5 days to the City Planner. The City Planner shall forward copies of all documents filed with the Planning Department to the Planning Commission along with any report or recommendation of the TRC.
4. Planning Commission Hearing: The Planning Commission shall conduct a public hearing in accordance with Article 5.06(D) of the UDO.
5. Planning Commission Action: The Planning Commission may approve the variance as requested; approve with modifications by the Planning Commission; or deny the variance. The Planning Commission shall indicate the specific reasons(s) for its recommendation.
6. Additional Conditions and Safeguards: The Planning Commission may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.
C. Expiration of the Variance: Variances shall expire one year from the date of enactment, unless prior thereto the applicant applies for a building permit in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Planning Commission. Extension of variances, without modification, may be applied for prior to the date of expiration, if the Variance does not carry a prohibition against the extension. Extensions may be granted by the Planning Commission if it finds that the requested extension is consistent with the purpose, policies, and intent of the Community Plan, and the specifications of the UDO. Requests for renewal of an expired Variance shall be considered to be the same as an application for a Variance and shall meet all requirements for application and review pursuant to Section 5.17.
D. Standards for Approval: The following factors shall be considered and weighed by the Planning Commission in determining practical difficulty or hardship:
1. The granting of the Variance shall be in harmony with the general purpose and intent of the regulations imposed by this ordinance on the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare;
2. The granting of the Variance will not permit the establishment of any use which is not otherwise permitted in the district;
3. There must exist unique circumstances or conditions applicable to the land or buildings where strict application of this ordinance would deprive the applicant reasonable use of his property. Mere loss in monetary value shall not justify a Variance;
4. There must be proof of hardship resulting from the strict application of this ordinance that was not created by the property owner. Economic gain or profit is not sufficient proof that a Variance should be granted;
5. The granting of the Variance is necessary for the reasonable use of land or buildings and the variance as granted is the minimum Variance that will accomplish this purpose;
6. The granting of the Variance will not infringe on the rights of neighboring property owners to use their property, diminish property values, endanger the public safety, or create a public nuisance; and
7. The granting of the Variance will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same zoning district.
8. See Section 9.37 W. for additional standards as they apply to a variance from the Floodplain Design Standards.
E. Submittal Requirements: An application for a Variance shall be filed on a form provided by the City Planner, and shall be accompanied by the following requirements:
1. Name, address, and phone number of applicant(s) and property owner or designated agent;
2. Proof of ownership, legal interest or written authority;
3. Legal Description of property or portion thereof;
4. Description or nature of variance requested;
5. Narrative statements establishing and substantiating the justification for the variance pursuant to Section 5.17(D);
6. Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
7. Payment of the application fee as established by City Council; and,
8. Any other documents deemed necessary by the City Planner.