A. Application For Vacation Or Dedication: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the administrator. These provisions shall not apply to the widening of any street which is shown in the comprehensive plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision.
B. Administrative Action:
1. Action By Administrator: Upon receipt of the completed application, the administrator shall affix the date of application acceptance thereon, shall place the application on the agenda for consideration at the next regular meeting of the commission which is held not less than fifteen (15) days after the date of acceptance.
2. Recommendation By Commission: The commission shall review the request and all agency responses and within thirty (30) days of the meeting at which the issue was on the agenda, shall make a recommendation to the city council for either approval, conditional approval or denial.
3. Action By Council:
a. Vacations: When considering an application for vacation procedures, the city council shall establish a date for a public hearing and give such public notice as required by law. The city council may approve, deny or modify the application. Whenever public rights of way or lands are vacated, the city council shall provide adjacent property owners with a quitclaim deed for the vacated rights of way in such proportions as are prescribed by law.
b. Dedications: When considering an application for dedication procedures, the city council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the city council a deed describing and conveying such lands to be recorded with the county recorder.
c. Decision: The council shall review the request and all agency responses and commission recommendation, and within thirty (30) days of the meeting at which the issue was on the agenda either approve, conditionally approve or deny the request.
C. Dedication Of Streets: Within a proposed subdivision, arterial and collector streets, as shown on the comprehensive plan, shall be dedicated to the public in all cases. In general all other streets also shall be dedicated to public use. (Ord. 566, 5-15-2007)
A. Purpose: The commission may recommend to the city council a variance from the provisions of this title on a finding that undue hardship results from the strict compliance with specific provisions or requirements hereof or that application of such provisions or requirements is impracticable.
B. Standards For Variances: No variance shall be favorably acted upon by the city council unless there is a finding, upon recommendation by the commission, as a result of a public hearing, that all of the following exist:
1. There are such special circumstances or conditions affecting the property that the strict application of the provisions of this title would clearly be impracticable or unreasonable. In such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved.
2. Strict compliance with the requirements of this title would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this title.
3. The granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.
4. Such variance will not violate the provisions of the Idaho Code.
5. Such variance will not have the effect of nullifying the interest and purpose of this title and the comprehensive plan. (Ord. 566, 5-15-2007)
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