The complainant shall set forth in the petition for appeal, the interpretation, ruling or order appealed from, and the related provisions of this chapter or related laws or ordinances, and shall state wherein the interpretation, ruling, or order is erroneous. If the appeal is a request for variance, the petition shall point out the provision or provisions from which the variance is sought and how the request satisfies the requirements of this section.
(A) The Planning Commission, in hearing requests for a variance filed in accordance with § 51.35(A), shall grant no variance in the application of any of the provisions of the sections listed therein, unless it finds all of the following:
(1) That the land is of such shape or size or is affected by such physical conditions or is subject to such title limitations of record that it is impossible or impractical for the subdivider or developer to comply with all of the regulations of these sections;
(2) That there are special circumstances or conditions, fully described in the Planning Commission's findings, applying to the land for which the variance is sought, which circumstances or conditions are peculiar to such land and do not apply generally in the city, and that said circumstances or conditions are such that the strict applications of the provisions of these sections would deprive the applicant of the reasonable use of such land and that the variance as granted by the Planning Commission is the minimum variance that will accomplish this purpose;
(3) That the granting of the variance will be in harmony with the general purpose and intent of these sections and will not be injurious to the neighborhood, the city, or otherwise detrimental to the public health, safety and welfare;
(4) That the condition or situation of the specific piece of property for which a variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation;
(5) That the special conditions or circumstances do not result from the actions of the applicant; and
(6) That no permitted use of lands in other areas of the city are used as grounds for issuance of such a variance.
(B) Petitions to the Appeals Board, in appeals filed in accordance with § 51.35(B), may only be based on one of the following grounds:
(1) The interpretation, ruling, or order is erroneous or constitutes an erroneous application of the particular provisions of this chapter or other related laws or ordinances pertaining to stormwater management and finance, or is otherwise contrary to law; or
(2) A variance is necessary and feasible and meets all of the following conditions:
(a) Good and sufficient cause based on an unreasonable burden or hardship has been proven;
(b) The degree of variance is the minimum necessary to afford relief from the unreasonable burden or hardship imposed by this chapter or standards, specifications, requirements, regulations, and procedures adopted pursuant to this chapter;
(c) The variance may be granted without defeating the public health, safety, and welfare purposes and intent of this chapter or related laws or ordinances pertaining to stormwater management and finance.
(Ord. 04-1990, passed 3-5-90)