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(A) The City Council or Planning Commission may authorize a variance from this chapter when, in its opinion, undue hardship may result from strict compliance and provided the variance does not pertain to requirements of the zoning chapter. In granting any variance, the City Council or Planning Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest. In making its findings, as required below in this section, the City Council or Planning Commission 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.
(B) No variance shall be granted unless the City Council or Planning Commission finds that:
(1) There are special circumstances or conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;
(2) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
(3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
(1993 Code, § 62-136)
ARTICLE VII. PARTIAL LOT OR LOT CONVEYANCE WITHIN APPROVED PLATS
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section.
PARTIAL LOT or LOT CONVEYANCE. The conveyance of 1 lot or parcel or a portion of that lot or parcel to the owner of an adjoining lot or parcel without changing or in any way modifying the existing plat.
(1993 Code, § 62-138) (Ord. passed 5-9-1994(2))
(A) Application. Before any partial lot or lot conveyance is made pursuant to this section, an application therefore shall be filed with the Zoning Official, on a form approved by the Zoning Official which will include the following information, together with any additional information or materials required by the Zoning Official or the Planning Commission.
(1) A legal description of the lots or parcels affected and created by the partial lot or lot conveyance, which legal descriptions shall, if required by the Zoning Official or Planning Commission, be certified as accurate by a registered land surveyor.
(2) A survey or drawing showing the dimensions of the lots or parcels affected and created by the location of public water and sewer, the location of all structures and the location of the nearest public street.
(3) The signatures by all parties of interest in the affected lots or parcels below a statement reciting that they consent to the partial lot or lot conveyance.
(4) Information satisfactory to the Zoning Official that the person(s) signing the application are all of the parties of interest in the lots or parcels affected by the proposed partial lot or lot conveyance.
(5) A statement by the owner(s) of the lot or parcel to which the property is to be added as a result of the partial lot or lot conveyance, stating the anticipated use of the property conveyed.
(B) Partial lot or lot conveyance. The Zoning Official shall, after making a determination that all requirements of this section, this article and the zoning ordinance for the city have been met, forward the application for a partial lot or lot conveyance to the Planning Commission. If the Planning Commission approves the partial lot or lot conveyance, no further city approval shall be necessary.
(C) Disapproval. If the Planning Commission disapproves a request for a partial lot or lot conveyance, the Planning Commission decision may be appealed by the applicant to the City Council by filing an application for review. An application for review by the City Council must be filed with the City Manager not later than 10 business days after the issuance of the Planning Commission decision. Decisions of the Planning Commission not appealed during the time period allowed for appeal and decisions of the City Council upon review are final. Applications for partial lot or lot conveyance will not be accepted for a period of 1 year following a final decision to disapprove such an application.
(D) Fee. All applications for a partial lot or lot conveyance pursuant to this section shall be accompanied by a nonrefundable application fee in an amount equal to that established by the city for a special condition use request.
(E) Violations. No conveyance of property with the effect of altering a partial lot or lot conveyance shall be recognized by the City Assessor, City Treasurer, or Zoning Official without obtaining approval pursuant to the section.
(1993 Code, § 62-139) (Ord. passed 5-9-1994(2))
§§ 62-140 – 62-160 RESERVED.
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