A. Authorized: The Commission may authorize in specific cases such variance from the terms of this Chapter as will not be contrary to the historic preservation of the Historic District, where, owing to special conditions, a literal enforcement of the provisions of this Chapter would result in unnecessary hardship. No nonconforming condition of neighboring lands, structures or buildings in the Historic District shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Chapter would result in unnecessary hardship.
B. Application And Standards For Variances: A variance from the terms of these provisions shall not be granted by the Commission unless and until a written application for a variance is submitted to the Commission containing:
1. Name, address, and phone number of applicant.
2. Location of the lot involved.
3. Description of nature of variance requested.
4. A narrative statement demonstrating that the requested variance conforms to the following standards:
a. Special conditions and circumstances exist which are peculiar to the lot structure or building involved and which are not applicable to other lots, structures or buildings in the Historic District;
b. A literal interpretation of these provisions would deprive the applicant of rights commonly enjoyed by other properties in the Historic District under the terms of this Chapter;
c. Special conditions and circumstances do not result from the actions of the applicant;
d. Granting the variance requested will not confer on the applicant any special privilege that is denied by these provisions to other lots, structures or buildings in the Historic District.
A variance shall not be granted unless the Commission makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant.
C. 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 adjacent property owners and to the applicant. The applicant shall pay all direct costs for publication incurred by the City.
D. Action By Commission:
1. Time Limitation For Action: Within thirty (30) days after the public hearing the Commission shall approve, conditionally approve or disapprove the request for a variance.
2. Required Specifications: Upon granting or denying an application the Commission shall specify:
a. The standards used in evaluating the application;
b. The reasons for approval or denial;
c. The actions, if any, that the applicant could take to obtain a variance.
3. Appeal: The applicant or any affected person who appeared in person or in writing before the Commission may appeal the decision of the Commission to the City Council, provided the appeal is submitted to the Council within fifteen (15) days from the Commission's action. The procedure on such appeal shall be as provided in subsection 8-2-10D of this Chapter.
E. Notification To Applicant: Within ten (10) days after a decision has been rendered, the Commission shall provide the applicant with written notice of the action on the request. (Ord. 270, 9-8-1998)