(A) Hearings. Any applicant aggrieved by the denial or conditional approval of a building permit pursuant to § 97.088 may by written notice request a hearing on such matter before the Planning Commission. The Planning Commission shall thereupon and within 30 days thereafter hold a hearing at which the applicant and other interested persons shall be given the opportunity to be heard. At least ten days prior to the date fixed for the hearing, the Planning Commission shall cause notice of the time and place thereof to be mailed to the applicant and to any other person requesting such notice.
(1) The Planning Commission shall direct the issuance of the requested building permit if it finds either of the following facts to be true:
(a) The denial of the building permit, because of the nature of the land or other unique circumstances, will cause substantial damage to the applicant; or
(b) In balancing the interest of the public in preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, it is determined that issuance of the building permit is required in the interest of justice and equity.
(2) The Planning Commission shall not direct the issuance of the requested building permit if it finds either of the following facts to be true:
(a) The applicant will not be substantially damaged by relocating the proposed structure on the lot elsewhere than in the building setback area, or in the mapped street; or
(b) In balancing the interest of the public and preserving the integrity of mapped streets against the private interest of the owner of the land in using his property, the resulting loss and disadvantage to the public would be unreasonable and disproportionate to the private benefits the owner would accrue from so using the property.
(3) The Planning Commission may attach reasonable conditions to its decision.
(4) The applicant and City Council shall be given written notice of the action taken by the Planning Commission.
(B) Appeals. Any person dissatisfied with the decision of the Planning Commission may appeal such decision to the City Council by filing a written notice of appeal with the City Clerk within 15 days after the date of the mailing of the notice of the decision of the Planning Commission. The City Council shall set the matter for hearing before it within 30 days, and shall, at least ten days prior to the date fixed for the hearing, cause written notice of the time and place thereof to be given to the appellant, the applicant and to any person requesting the same. The procedure before the City Council shall be the same as for the Planning Commission, and the applicant shall be notified of the decision of the City Council.
('61 Code, § 18.52) (Ord. 702, passed - - )