An application for variance shall be administered as follows:
(a) Review Upon Receipt. Within three (3) business days of receipt, the Community Development Administrator shall review the application and attached documents and verify that the fees have been paid. If the submission is deficient, the Community Development Administrator shall notify the applicant of the necessary corrections, additional information or documents needed. When the submission requirements are satisfied, the Administrator shall accept the application for review.
(b) Municipal Review. The Community Development Administrator shall forward a copy of the variance application and the supporting attachments shall be given to the City staff and municipal consultants. Within ten (10) business days, the staff and consultants shall transmit to the Community Development Administrator their written comments and recommendations regarding the variance request. When review by the City Staff and municipal consultants is completed, the Community Development Administrator shall schedule the variance for hearing before the Planning Commission (see Section 1107.07(b)(5)). The Community Development Administrator shall forward to the Secretary the variance application, attachments thereto in support, the review comments and recommendations of the City Staff and municipal consultants, and such other documents and information relevant and material to a proper decision.
(c) Public Notice.
(1) Publication of Notice. A Notice of Public Hearing shall be published in a newspaper of general circulation in the City at least ten (10) calendar days before the date of the public hearing. The notice shall include the date, time and location of the public hearing; the subject of the variance and nature of the relief requested; and a statement that any interested party may be heard.
(2) Mailing of Notice. A Notice of Public Hearing shall be mailed at least ten (10) calendar days before the hearing to the applicant and all owners of land within 200 feet of a boundary line of the property that is the subject of the variance. The notice shall include the date, time and location of the public hearing; the subject of the variance and nature of the relief requested; and a statement that any interested party may be heard. Failure of delivery of notice shall not be grounds to challenge action taken on the application.
(d) Public Hearing. Any person may appear at a public hearing and give testimony under oath. Witnesses shall be subject to questioning. Competent testimony and evidence shall be considered.
(1) Additional information from the applicant or the City staff may be requested for thorough and proper consideration of the application.
(2) Additional reports, comments or expert opinions shall be transmitted to the Secretary prior to the next hearing. A public hearing may be recessed from time to time to a date certain. A second Notice of Public Hearing shall be mailed at least six (6) calendar days before the continuance of the hearing to the applicant and all owners of land within 200 feet of a boundary line of the property that is the subject of the variance. After all testimony is taken and all exhibits are received, the hearing shall be closed.
(e) Decision. The Planning Commission, by a majority vote of the appointed members, shall adopt an Announcement of Decision with findings of fact that address the applicable factors to determine a variance. The Announcement of Decision with the findings of fact and discussion of the evidence upon which the decision is based shall be issued within thirty five (35) days from the close of the hearing.
(1) The Announcement of Decision shall include findings of fact and shall address and discuss the factors, as applicable, set forth in Section 1117.15 (Standards for Variance Review) and the evidence in support thereof. The Planning Commission may approve a variance when it finds that the application and evidence submitted in support thereof satisfy the standards in Section 1117.15 (Standards for Variance Review) and may attach terms and conditions to the approval.
(2) Within six (6) months of the date of the Announcement of Decision approving a variance, the applicant shall apply for a Zoning Certificate or Conditional Use Certificate, commence occupancy for a use variance, start the construction approved by the area variance or commence administrative action in the case of a procedural variance. The approval granted in the Announcement of Decision shall expire if the applicant fails to further proceed with the next submittal within six (6) months, after which the variance shall expire and be null and void.
(f) Within ten (10) business days of approval of the Announcement of Decision, the Community Development Administrator shall transmit a copy of the decision to the applicant, the Secretaries of the Planning Commission and the Clerk of Council.
(Ord. 3273. Passed 5-9-24.)