The City Commission may grant a variance from the provisions of this chapter on a finding that undue hardship may result from strict compliance with specific provisions or requirements of the chapter or that application of such provision or requirement is impracticable. The City Commission may also grant an appeal of the decision of the Zoning Administrator on a land division. The City Commission shall only grant variances or appeals that it deems necessary to or desirable for the public interest. The City Commission shall not grant any variance or appeal that would violate the requirements of the Michigan Land Division Act. In making its findings, as required herein below, the City Commission 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 and any other condition which shall be deemed to be detrimental to the public welfare or injurious to other property owners. Any variance related to a subdivision plat shall be based upon a recommendation from the Planning Commission.
(A) Subdivision Process. For a subdivision plat, the process for a variance request from this chapter shall be as follows:
(1) Applications for any variance shall be made in writing to the City Clerk by the developer prior to approval of the final preliminary plat, the application shall state fully and clearly all facts relied upon by the proprietor. The application shall include any required fee, and be supplemented with maps, plans, and other additional data which may aid the Planning Commission in the analysis of the requested variance.
(2) The request shall be forwarded to the Planning Commission. The Planning Commission shall first conduct a public hearing. Following the public hearing, the Planning Commission shall provide a recommendation to the City Commission, in accordance with the standards below.
(3) The City Commission shall make a decision on the request. In making its decision, the City Commission may establish requirements, time constraints or conditions that will, in its judgment, secure substantially the objectives and requirements of this chapter. The City Commission shall state the reasons for its finding or decisions as part of its official records.
(4) The City Commission shall have the final authority on variances, waivers or modifications of the standards of this chapter. Appeals of the City Commission decisions shall be to a court of law.
(B) Land Division Process. For an appeal of the decision of the Zoning Administrator on a land division, the process for an appeal or variance request from this chapter shall be as follows:
(1) Applications for any variance shall be made in writing to the City Clerk by the applicant within thirty (30) days of the decision of the Zoning Administrator. The application shall state fully and clearly all facts relied upon by the applicant. The application shall include any required fee, and be supplemented with maps, plans, and other additional data, which may aid the City Commission in the analysis of the requested appeal or variance.
(2) The City Commission shall make a decision on the request. In making its decision, the City Commission may establish requirements, time constraints or conditions that will, in its judgment, secure substantially the objectives and requirements of this chapter. The City Commission shall state the reasons for its finding or decisions as part of its official records.
(3) The City Commission shall have the Final authority on variances, waivers or modifications of the standards of this chapter. Appeals of the City Commission decisions shall be to a Court of law.
(Ord. 152, passed 1-19-99)