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A. Authorization Of Variances: The City Council may authorize a variance from design standards when, in its opinion, the applicant has shown undue hardship because of physical characteristics of the site and the variance is not in conflict with the public interest. In granting any variance, the City Council shall prescribe only conditions that it deems necessary to or desirable for the public interest. A variance shall not be considered a right or a special privilege. In making its findings, as required hereinbelow, the City Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the City Council finds:
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 of the City.
B. 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 for a variance 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 public 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)