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A. Purpose: An administrative adjustment is a staff approved adjustment that may be issued for a structural encroachment to remedy an error made in the field resulting in noncompliance with required regulations.
B. Applicability: The director of community development shall have the authority to authorize administrative adjustment of up to twenty percent (20%) from numerical standards limited to the following area development regulations:
1. Front yard depth.
2. Side yard width or area.
3. Rear yard depth or area.
C. Public Notification And Administrative Hearing:
1. Administrative adjustment application requests of ten percent (10%) or less from numerical standards do not require public notification of the request.
2. Administrative adjustment application requests of over ten percent (10%) from numerical standards require public notification by first class mail to adjacent property owners of the request. Administrative hearing to hear application and receive public comment shall be held no sooner than seven (7) days after the date of first class mailing to adjacent property owners.
D. Review And Action By Director Of Community Development: The director shall review the application and approve, approve with conditions or deny the application based upon the criteria below. A written decision including affirmative findings on the criteria set forth below shall be mailed to the applicant.
E. Administrative Adjustment Criteria: To approve an application for an administrative adjustment, the director shall make an affirmative finding that the following criteria are met:
1. That granting the administrative adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards;
2. That granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development;
3. That granting the administrative adjustment will be generally consistent with the purposes and intent of this LDC and the general plan.
F. Filing Fee: When the application for the administrative adjustment is filed, a filing fee as determined by city council is required.
G. Appeals: Appeal of an administrative adjustment denied by the director of community development shall be taken to the board of adjustment within thirty (30) days of the mailing of the director's decision in accordance with section 12-126 of this chapter. (Ord. 1633, 6-13-2006)