A. Public Hearing: Upon receipt of the application for a variance, the commission shall hold a public hearing, publish notice in a newspaper, and give written notice to all parties as required for special use permits 1 .
B. Action By Commission: Within thirty (30) days after the public hearing, the commission shall enter written findings of fact, and a recommendation to the city council to either approve, conditionally approve or disapprove the application as presented. In its recommendation, the commission shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for recommending approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
C. Action By City Council: Within thirty (30) days after receiving the commission's recommendation, the city council shall take final action on the recommendation, and shall provide the applicant with written notice of its action on the request within ten (10) days after a decision has been rendered.
D. Request For Hearing By Affected Persons: An "affected person" shall mean one having an interest in real property which may be adversely affected by the issuance or denial of a permit. Any affected person may at any time prior to final action by the city council on an application for a variance, petition the city council in writing to hold a second hearing on the application. After any such hearing as may be held pursuant to such request, the city council may:
1. Grant or deny a permit; or
2. Delay such a decision for a definite period of time for further study or hearing.
An affected person aggrieved by a decision may, within sixty (60) days after all remedies have been exhausted under the ordinances of the city, seek judicial review under the procedures provided by Idaho Code 67-5240 et seq. (Ord. 341, 9-10-1996)
Notes
| 1 | 1. See section 9-9-5 of this title. |