A. Submission Forms; Fees: Submission of the variance permit application shall be on a form prescribed by the city clerk, and the application and required fee, set by resolution of the city council, shall be paid to the city clerk. The application shall contain and be accompanied by the following information: (Ord. 165, 3-13-2001; amd. Ord. 200, 3-9-2004)
1. An accurate scale drawing of the site including any affected adjacent property and showing the location of all existing and proposed structures, the maximum dimensions of all existing and proposed buildings, streets, easements, property lines, setbacks, driveways, pedestrian walkways, off street parking and off street loading facilities and landscaped areas, buffering or other similar elements of site design.
2. A physical description of all buildings and architectural drawing(s) of all proposed buildings showing height, dimensions, design, exterior finish and other appropriate aspects of the building.
3. An ownership list prepared by a person or entity with appropriate expertise in the preparation of ownership lists, including a title company, or a list obtained through the county assessor's office, and shall list the boundaries of the property described in the application, using the last known name and address of such owners as shown on the latest adopted tax roll of the county. The list shall also include a list of residents for property that is not owner occupied. Both lists will identify property owners and residents within the subject property and within a radius of three hundred feet (300') from the external boundaries of the property described in the application.
B. Submit Application: The completed form and documents must be submitted to the city clerk not later than twenty five (25) days prior to the date of a regular city council meeting where a public hearing to consider the request for the variance permit can be set. The completed application shall be deemed accepted for the twenty five (25) day processing period as of the date when all plans and information have been filed, checked and accepted as complete by the city clerk. (Ord. 165, 3-13-2001)
C. Public Hearing, Decision And Reconsideration: After receiving a complete application including fees the city clerk shall set the time, place and date of the public hearing, shall publish notice thereof once in the official newspaper of the city at least fifteen (15) days before the hearing and shall notify by mail at least fifteen (15) days before the hearing all property owners or purchasers of record within three hundred feet (300') of the property's external boundaries. Said notice shall state the time and place of hearing, a brief description of the request and state that a copy of the application for a variance is on file with the city clerk for public inspection. The city council shall issue and provide to the applicant(s) a written decision on an application for a variance no later than thirty (30) days after the hearing regarding the same. Such decision shall be provided to the applicant(s) by personal delivery, regular mail or electronic means. When sent by electronic means, the applicant(s) shall be deemed to have received the decision on the date it was sent. When sent by regular mail, the applicant(s) shall be deemed to have received the decision three (3) days after the date of mailing. An applicant or affected person may seek reconsideration of the decision by filing a written request with the city clerk no later than fourteen (14) days after receiving the decision. Such request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified. A written decision on the request for reconsideration shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. (Ord. 261, 7-16-2013)
D. Criteria For Approval: A variance permit may be approved only if the proposal conforms to all of the following criteria, to the satisfaction of the city council acting as the planning commission: (Ord. 165, 3-13-2001)
1. There is undue hardship as a result of special physical characteristics affecting said property.
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 said property is situated.
4. The granting of the variance would not be contrary to the zoning ordinance or the comprehensive plan. (Ord. 150, 7-7-1998)